[Congressional Record Volume 142, Number 140 (Wednesday, October 2, 1996)]
[Senate]
[Pages S12196-S12197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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THE CIVIL RIGHTS COMMISSION ACT OF 1983 APPROPRIATIONS REAUTHORIZATION 
                              ACT OF 1996

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               ASHCROFT (AND MOYNIHAN) AMENDMENT NO. 5425

  (Ordered referred to the Committee on the Judiciary.)
  Mr. ASHCROFT (for himself and Mr. Moynihan) submitted an amendment 
intended to be proposed by them to the bill (S. 2187) to reauthorize 
appropriations for the Civil Rights Commission Act of 1983, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . VOLUNTARY RETIREMENT INCENTIVE PLANS OR 
                   ARRANGEMENTS.

       (a) In General.--Section 4(1) of the Age Discrimination in 
     Employment Act of 1967 (29 U.S.C. 623(l)) is amended by 
     adding at the end of 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 upon 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

[[Page S12197]]

     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)).
       (c) Effect on Causes of Action Existing Before Date of 
     Enactment.--The amendment made by subsection (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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