Sec. 12. age limitation
338 words·~2 min read·
/statute-compilations/comps-1529/sec-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 12 age limitation ###
(a)The prohibitions in this Act shall be limited to individuals who are at least 40 years of age.3 3P.L. 99–592 struck out “seventy” instead of “70”; intent was executed anyway. ###
(b)In the case of any personnel action affecting employees or applicants for employment which is subject to the provisions of section 15 of this Act, the prohibitions established in section 15 of this Act shall be limited to individuals who are at least 40 years of age. ###
(c)####
(1)Nothing in this Act 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 Secretary, 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. ### (d)4 Nothing in this Act shall be construed to prohibit compulsory retirement of any employee who has attained 70 years of age, and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education (as defined by section 1201(a) of the Higher Education Act of 1965). 4Repealed effective December 31, 1993. **[**[29 U.S.C. 631](/us/usc/t29/s631)**]**
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U.S. Code