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U.S. Code as of:
01/19/04
Section 631. Age limits
(a) Individuals at least 40 years of age
The prohibitions in this chapter shall be limited to individuals
who are at least 40 years of age.
(b) Employees or applicants for employment in Federal Government
In the case of any personnel action affecting employees or
applicants for employment which is subject to the provisions of
section 633a of this title, the prohibitions established in section
633a of this title shall be limited to individuals who are at least
40 years of age.
(c) Bona fide executives or high policymakers
(1) Nothing in this chapter shall be construed to prohibit
compulsory retirement of any employee who has attained 65 years of
age and who, for the 2-year period immediately before retirement,
is employed in a bona fide executive or a high policymaking
position, if such employee is entitled to an immediate
nonforfeitable annual retirement benefit from a pension,
profit-sharing, savings, or deferred compensation plan, or any
combination of such plans, of the employer of such employee, which
equals, in the aggregate, at least $44,000.
(2) In applying the retirement benefit test of paragraph (1) of
this subsection, if any such retirement benefit is in a form other
than a straight life annuity (with no ancillary benefits), or if
employees contribute to any such plan or make rollover
contributions, such benefit shall be adjusted in accordance with
regulations prescribed by the Equal Employment Opportunity
Commission, after consultation with the Secretary of the Treasury,
so that the benefit is the equivalent of a straight life annuity
(with no ancillary benefits) under a plan to which employees do not
contribute and under which no rollover contributions are made.
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