Contents
- (a) Employer practices
- (b) Employment agency practices
- (c) Labor organization practices
- (d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation
- (e) Printing or publication of notice or advertisement indicating preference, limitation, etc.
- (f) Lawful practices; age an occupational qualification; other reasonable factors; laws of foreign workplace; seniority system; employee benefit plans; discharge or discipline for good cause3 changes
- (g) Repealed. Pub. L. 101–239, title VI, § 6202(b)(3)(C)(i), Dec. 19, 1989, 103 Stat. 22336 changes
- (h) Practices of foreign corporations controlled by American employers; foreign employers not controlled by American employers; factors determining control1 change
- (i) Employee pension benefit plans; cessation or reduction of benefit accrual or of allocation to employee account; distribution of benefits after attainment of normal retirement age; compliance; highly compensated employees4 changes
- (j) Employment as firefighter or law enforcement officer2 changes
- (k) Seniority system or employee benefit plan; compliance1 change
- (l) Lawful practices; minimum age as condition of eligibility for retirement benefits; deductions from severance pay; reduction of long-term disability benefits3 changes
- (m) Voluntary retirement incentive plans1 change
(l)Notwithstanding clause (i) or (ii) of subsection (f)(2)(B)—
(1)The agreement holder shall keep the hereditament insured for the full cost of rebuilding or reinstatement and shall furnish to the Department, on demand, evidence of such insurance.
(A)It shall not be a violation of subsection (a), (b), (c), or (e) solely because—
(i)an employee pension benefit plan (as defined in section 1002(2) of this title) provides for the attainment of a minimum age as a condition of eligibility for normal or early retirement benefits; or
(ii)a defined benefit plan (as defined in section 1002(35) of this title) provides for—
(I)payments that constitute the subsidized portion of an early retirement benefit; or
(II)social security supplements for plan participants that commence before the age and terminate at the age (specified by the plan) when participants are eligible to receive reduced or unreduced old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.), and that do not exceed such old-age insurance benefits.
(B)A voluntary early retirement incentive plan that—
(i)is maintained by—
(I)a local educational agency (as defined in section 7801 of title 20), or
(II)an education association which principally represents employees of 1 or more agencies described in subclause (I) and which is described in section 501(c)(5) or (6) of title 26 and exempt from taxation under section 501(a) of title 26, and
(ii)makes payments or supplements described in subclauses (I) and (II) of subparagraph (A)(ii) in coordination with a defined benefit plan (as so defined) maintained by an eligible employer described in section 457(e)(1)(A) of title 26 or by an education association described in clause (i)(II),
shall be treated solely for purposes of subparagraph (A)(ii) as if it were a part of the defined benefit plan with respect to such payments or supplements. Payments or supplements under such a voluntary early retirement incentive plan shall not constitute severance pay for purposes of paragraph (2).
(2)
(A)It shall not be a violation of subsection (a), (b), (c), or (e) solely because following a contingent event unrelated to age—
(i)the value of any retiree health benefits received by an individual eligible for an immediate pension;
(ii)the value of any additional pension benefits that are made available solely as a result of the contingent event unrelated to age and following which the individual is eligible for not less than an immediate and unreduced pension; or
(iii)the values described in both clauses (i) and (ii);
are deducted from severance pay made available as a result of the contingent event unrelated to age.
(B)For an individual who receives immediate pension benefits that are actuarially reduced under subparagraph (A)(i), the amount of the deduction available pursuant to subparagraph (A)(i) shall be reduced by the same percentage as the reduction in the pension benefits.
(C)For purposes of this paragraph, severance pay shall include that portion of supplemental unemployment compensation benefits (as described in section 501(c)(17) of title 26) that—
(i)constitutes additional benefits of up to 52 weeks;
(ii)has the primary purpose and effect of continuing benefits until an individual becomes eligible for an immediate and unreduced pension; and
(iii)is discontinued once the individual becomes eligible for an immediate and unreduced pension.
(D)For purposes of this paragraph and solely in order to make the deduction authorized under this paragraph, the term “retiree health benefits” means benefits provided pursuant to a group health plan covering retirees, for which (determined as of the contingent event unrelated to age)—
(i)the package of benefits provided by the employer for the retirees who are below age 65 is at least comparable to benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);
(ii)the package of benefits provided by the employer for the retirees who are age 65 and above is at least comparable to that offered under a plan that provides a benefit package with one-fourth the value of benefits provided under title XVIII of such Act; or
(iii)the package of benefits provided by the employer is as described in clauses (i) and (ii).
(E)
(i)If the obligation of the employer to provide retiree health benefits is of limited duration, the value for each individual shall be calculated at a rate of $3,000 per year for benefit years before age 65, and $750 per year for benefit years beginning at age 65 and above.
(ii)If the obligation of the employer to provide retiree health benefits is of unlimited duration, the value for each individual shall be calculated at a rate of $48,000 for individuals below age 65, and $24,000 for individuals age 65 and above.
(iii)The values described in clauses (i) and (ii) shall be calculated based on the age of the individual as of the date of the contingent event unrelated to age. The values are effective on October 16, 1990, and shall be adjusted on an annual basis, with respect to a contingent event that occurs subsequent to the first year after October 16, 1990, based on the medical component of the Consumer Price Index for all-urban consumers published by the Department of Labor.
(iv)If an individual is required to pay a premium for retiree health benefits, the value calculated pursuant to this subparagraph shall be reduced by whatever percentage of the overall premium the individual is required to pay.
(F)If an employer that has implemented a deduction pursuant to subparagraph (A) fails to fulfill the obligation described in subparagraph (E), any aggrieved individual may bring an action for specific performance of the obligation described in subparagraph (E). The relief shall be in addition to any other remedies provided under Federal or State law.
(3)It shall not be a violation of subsection (a), (b), (c), or (e) solely because an employer provides a bona fide employee benefit plan or plans under which long-term disability benefits received by an individual are reduced by any pension benefits (other than those attributable to employee contributions)—
(A)paid to the individual that the individual voluntarily elects to receive; or
(B)for which an individual who has attained the later of age 62 or normal retirement age is eligible.
United States Government work; public domain under 17 U.S.C. § 105.