Age Discrimination in Employment Act Amendments of 1978

(Conference report filed in House, H. Rept. 95-950)

Age Discrimination in Employment Act Amendments - Amends the Age Discrimination in Employment Act of 1967 to prohibit seniority systems and employee benefit plans from establishing an involuntary retirement age less than the age specified in this Act. Delays the effective date of prohibition of mandatory retirement policies at ages 65-69 in pension plans or seniority systems contained in collectively bargained agreements in effect on September 1, 1977. Provides that the effective date of such prohibition shall be upon the termination of the collective bargaining agreement, or January 1, 1980, whichever comes first.

Raises to age 70 (now 65) the upper age limitation to which applies the prohibitions of the Age Discrimination in Employment Act of 1967.

Exempts from the compulsory retirement prohibitions of this Act the following employees who have attained 65 years of age but not 70 years of age: (1) persons employed in a bona fide executive or high policymaking position, if entitled to an annual retirement benefit of at least $27,000; and (2) employees with unlimited tenure at a higher education institution, until July 1, 1982.

Requires that no civil action be commenced by an individual under this Act until 60 days after a charge alleging unlawful discrimination has been filed with the Secretary. Stipulates that any such charge shall be filed within 180 days after the alleged unlawful practice occurred, or within 300 days after the alleged unlawful practice occurred.

Provides that only personnel decisions in the Federal sector involving persons over 40 years of age must be made free of age discrimination.

Repeals the mandatory retirement at age 70 provision of Federal law which applies to Federal employees.

Requires the automatic separation from civil service employment of any employee of the Alaska Railroad or any employee who is a U.S. citizen employed on the Isthmus of Panama if such employee is 62 years of age and completed 15 years of service.

Directs the Civil Service Commission to study the effects of the amendments made to the age limitation provisions of the Act and submit a report to the President and the Congress no later than January 1, 1980.

Directs the Secretary of Labor to study the effects of raising the upper age limitation under the Act, such study to focus on the effect of raising the limitation to age 70, and the feasibility of eliminating such limitation, as well as the effects of the bona fide executive and tenured faculty exemptions. Requires the Secretary to report to the President and the Congress on the results of such studies.

Strikes out the $5,000,000 limitation on the authorization of appropriations contained in the Age Discrimination in Employment Act.