[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 153 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 153

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


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                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Moynihan (for himself and Mr. Ashcroft) introduced the following 
 bill; which was read twice and referred to the Committee on Labor and 
                            Human Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Age Discrimination in Employment Act of 1967 to allow 
   institutions of higher eduction to offer faculty members who are 
 serving under an 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 OR ARRANGEMENTS.

    (a) In General.--Section 4(l) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(l)) is amended by adding at the 
end the following new paragraph:
    ``(4) It shall not be a violation of subsection (a), (b), (c), (e), 
or (i) solely because a plan or arrangement 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) benefits on voluntary retirement that are reduced or 
eliminated on the basis of age.''.
    (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 or arrangement not described in 
                paragraph (4) of section 4(l) 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 or 
        arrangement described in paragraph (4) of section 4(l) 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.
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