< Back to H.R. 3473 (105th Congress, 1997–1998)

Text of the To amend the Age Discrimination in Employment Act of 1967 to allow institutions of higher education to offer faculty members ...

...offer faculty members who are serving under a contract or arrangement providing for unlimited tenure, benefits on voluntary retiremen

This bill was introduced on March 17, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 17, 1998 (Introduced).

Source: GPO

HR 3473 IH

105th CONGRESS

2d Session

H. R. 3473

To amend the Age Discrimination in Employment Act of 1967 to allow institutions of higher education to offer faculty members who are serving under a contract or arrangement providing for unlimited tenure, benefits on voluntary retirement that are reduced or eliminated on the basis of age, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 17, 1998

Mr. FAWELL (for himself, Mr. GOODLING, Mr. MCKEON, Mr. ANDREWS, Mr. ROEMER, and Mr. PETRI) introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To amend the Age Discrimination in Employment Act of 1967 to allow institutions of higher education to offer faculty members who are serving under a contract or arrangement providing for unlimited tenure, benefits on voluntary retirement that are reduced or eliminated on the basis of age, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. VOLUNTARY RETIREMENT INCENTIVE PLANS.

    (a) IN GENERAL- Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by adding at the end the following:

    ‘(m) Notwithstanding subsection (f)(2)(B), it shall not be a violation of subsection (a), (b), (c), (e), or (i) solely because a plan of an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) offers employees who are serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) additional benefits upon voluntary retirement that are reduced or eliminated on the basis of age, if--

      ‘(1) such institution does not implement with respect to such employees any age-based reduction or elimination of benefits that are not such additional benefits, except as permitted by other provisions of this Act; and

      ‘(2) with respect to each of such employees who have, as of the time the plan is adopted, attained the minimum age and satisfied all non-age-based conditions for receiving a benefit under the plan, such employee is not precluded on the basis of age from having 1 opportunity lasting not less than 180-days to elect to retire and to receive the maximum benefit that would be available to a younger employee if such younger employee were otherwise similarly situated to such employee.’.

    (b) CONSTRUCTION-

      (1) APPLICATION- Nothing in the amendment made by subsection (a) shall be construed to affect the application of section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) with respect to--

        (A) any employer other than an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965); or

        (B) any plan not described in subsection (m) of section 4 of such Act (as added by subsection (a)).

      (2) RELATIONSHIP TO PROVISIONS RELATING TO VOLUNTARY EARLY RETIREMENT INCENTIVE PLANS- Nothing in the amendment made by subsection (a) shall be construed to imply that a plan described in subsection (m) of section 4 of such Act (as added by subsection (a)) may not be considered to be a plan described in section 4(f)(2)(B)(ii) of such Act (29 U.S.C. 623(f)(2)(B)(ii)).

SEC. 2. EFFECTIVE DATE.

    (a) IN GENERAL- This Act shall take effect on the date of enactment of this Act.

    (b) EFFECT ON CAUSES OF ACTION EXISTING BEFORE DATE OF ENACTMENT- The amendment made by section 1(a) shall not apply with respect to any cause of action arising under the Age Discrimination in Employment Act of 1967 prior to the date of enactment of this Act.