[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1893 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1893

To amend the Age Discrimination in Employment Act of 1967 with respect 
      to voluntary early retirement benefits and medical benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2003

   Mr. Petri (for himself, Mr. Kind, Mr. Sensenbrenner, Mr. Green of 
   Wisconsin, Ms. Baldwin, and Mr. Ryan of Wisconsin) 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 with respect 
      to voluntary early retirement benefits and medical benefits.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teacher Voluntary Early Retirement 
Incentive Act of 2003''.

SEC. 2. GOVERNMENTAL AND HIGHER EDUCATION VOLUNTARY EARLY RETIREMENT 
              INCENTIVE PLANS.

    (a) Amendment.--Section 4(m) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623) is amended to read as follows:
    ``(m) Voluntary Retirement Incentive Plans.--Notwithstanding 
subsection (f)(2)(b), it shall not be a violation of subsection (a), 
(b), (c), or (d) solely because a voluntary early retirement incentive 
plan maintained by a local educational agency (as defined in section 
9101 of the Elementary and Secondary Education Act of 1965) or an 
institution of higher education (as defined in section 101 of the 
Higher Education Act of 1965), provides for supplemental benefits to an 
employee that are reduced or eliminated on the basis of the employee's 
age at the time of such employee's retirement, if--
            ``(1) the employer does not implement with respect to such 
        employee any age-based reduction or elimination of benefits 
        that are not such supplemental benefits, except as permitted by 
        other provisions of this Act;
            ``(2) such supplemental benefits are in addition to any 
        retirement or severance benefits which have been offered 
        generally to employees, independent of any early retirement or 
        exit-incentive plan, within the preceding 365 days; and
            ``(3) with respect to any plan supplemental benefits for 
        which an employee first becomes eligible after the enactment of 
        the Teacher Voluntary Early Retirement Incentive Act of 2003--
                    ``(i) any employee who attains the minimum age and 
                satisfies all non-age based conditions for receiving a 
                benefit under the plan has an opportunity lasting not 
                less than 180 days to elect to retire, and the plan 
                does not require retirement to occur sooner than 180 
                days after such election; and
                    ``(ii) any employee who is not eligible to receive 
                the maximum supplemental benefits provided under the 
                plan because of the age of such employee at the time of 
                retirement was afforded a reasonable opportunity to 
                receive such maximum benefits at a previous time in 
                such employee's employment.''.
    (b) Construction.--Except as otherwise provided in section 4(m)(3) 
of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 
623(m)(3)), the amendment made by subsection (a) shall apply in 
determining whether a voluntary employee early retirement incentive 
plan maintained by a local educational agency (as defined in section 
9101 of the Elementary and Secondary Education Act of 1965) or an 
institution of higher education (as defined in section 101 of the 
Higher Education Act of 1965), was in violation of subsection (a), (b), 
(c), or (e) of section 4 of the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 621 et seq.) after January 1, 1996.

SEC. 3. RETIREE MEDICAL BENEFITS COORDINATED WITH MEDICARE AND OTHER 
              GOVERNMENTAL AND EMPLOYER BENEFIT PLANS; VOLUNTARY EARLY 
              RETIREMENT INCENTIVE PLANS MAINTAINED BY LOCAL 
              EDUCATIONAL AGENCIES.

    (a) Voluntary Early Retirement Incentive Plans Maintained by Local 
Educational Agencies.--Section 4(l)(1) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(l)(1)) is amended by adding at 
the end the following:
``A voluntary early retirement incentive plan maintained by a local 
educational agency (as defined in Section 9101 of the Elementary and 
Secondary Education Act of 1965) which makes payments or supplements as 
provided in clauses (i) or (ii) of subparagraph (B) in coordination 
with a defined benefit plan (as defined in Section 3(35) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(35) 
maintained by a state or an agency thereof shall itself be deemed to 
constitute a defined benefit plan for purposes of subparagraph (B).''.
    (b) Retiree Medical Benefits Coordinated With Medicare Benefits.--
Section 4(l) of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 623(l)) is amended by adding to the end the following:
    ``(4) It shall not be a violation of subsection (a), (b), (c), or 
(e) solely because an employee benefit plan (as defined in section 3 of 
the Employment Retirement Income Security Act of 1974 (29 U.S.C. 
1002(3)) provides for medical benefits for retired participants that 
are altered, reduced, or eliminated when the participant is eligible 
for medical benefits under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.) or an employee benefit plan maintained by a State 
or an agency thereof.''.
    (c) Construction.--(1) The amendments made by subsections (a) and 
(b) shall apply in determining whether a voluntary early retirement 
incentive plan maintained by a local educational agency (as defined in 
Section 9101 of the Elementary and Secondary Education Act) or an 
employee benefit plan (as defined in Section 3 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) providing 
medical benefits for retired participants, was in violation of 
subsection (a), (b), (c), or (e) of section 4 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 623) at any time subsequent to 
January 1, 1996.
    (2) No inference may be drawn from the amendment made by subsection 
(a) as to whether a voluntary early retirement incentive plan 
maintained by a local educational agency constitutes, or at any time 
before or after the effective date of subsection (a) constituted, a 
defined benefit plan (as defined in Section 3(35) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1002(35))) for any 
purpose, including section 4 of the Age Discrimination in Employment 
Act of 1967.
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