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29 U.S.C. § 631 — Age limits
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim), the prohibitions established in [section 633a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim) 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 (w
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Stable record: federal_law:legal_authorities:record_usc_7977084da38507ea898b6ccf
Source file: Laws/federal/codes/united-states-code/title-29/section-631-age-limits--c703b30502.md
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Passage SHA-256: 348b68ef5492cb1981993e00d7f4e5d9c13bcb6e8d0072d1620c8ee292e5a3cf
Source location: Title 29, Chapter 14, § 631; chapter-014-age-discrimination-in-employment.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim), the prohibitions established in [section 633a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim) 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including—
(1) a reasonable allowance for salaries or other compensation for personal services actually rendered;
(2) traveling expenses (including amounts expended for meals and lodging other than amounts which are lavish or extravagant under the circumstances) while away from home in the pursuit of a trade or business; and
(3) rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity.
For purposes of the preceding sentence, the place of residence of a Member of Congress (including any Delegate and Resident Commissioner) within the State, congressional district, or possession which he represents in Congress shall be considered his home, but amounts expended by such Members within each taxable year for living expenses shall not be deductible for income tax purposes. For purposes of paragraph (2), the taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year. The preceding sentence shall not apply to any Federal employee during any period for which such employee is certified by the Attorney General (or the designee thereof) as traveling on behalf of the United States in temporary duty status to investigate or prosecute, or provide support services for the investigation or prosecution of, a Federal crime.
**(b) Charitable contributions and gifts excepted** No deduction shall be allowed under subsection (a) for any contribution or gift which would be al
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 162
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employer practices** It shall be unlawful for an employer—
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
**(b) Employment agency practices** It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age.
**(c) Labor organization practices** It shall be unlawful for a labor organization—
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age;
(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s age;
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
**(d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation** It shall be unlawful for an employer to discriminate against any
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 623
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility** Every individual who—
(1) has not attained the age of 65;
(2)
(A) has been entitled to benefits under this part under [section 426(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section426/b&num=0&edition=prelim), and
(B)
(i) continues to have the disabling physical or mental impairment on the basis of which the individual was found to be under a disability or to be a disabled qualified railroad retirement beneficiary, or (ii) is blind (within the meaning of [section 416(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i/1&num=0&edition=prelim)), but
(C) whose entitlement under [section 426(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section426/b&num=0&edition=prelim) ends due solely to the individual having earnings that exceed the substantial gainful activity amount (as defined in [section 423(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423/d/4&num=0&edition=prelim)); and
(3) is not otherwise entitled to benefits under this part,
shall be eligible to enroll in the insurance program established by this part.
**(b) Enrollment**
(1) An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section.
(2) The individual’s initial enrollment period shall begin with the month in which the individual receives notice that the individual’s entitlement to benefits under [section 426(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section426/b&num=0&edition=prelim) will end due solely to the individual h
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal agencies affected** All personnel actions affecting employees or applicants for employment who are at least 40 years of age (except personnel actions with regard to aliens employed outside the limits of the United States) in military departments as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), in executive agencies as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Publishing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on age.
**(b) Enforcement by Equal Employment Opportunity Commission and by Librarian of Congress in the Library of Congress; remedies; rules, regulations, orders, and instructions of Commission: compliance by Federal agencies; powers and duties of Commission; notification of final action on complaint of discrimination; exemptions: bona fide occupational qualification** Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 633a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Labor shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. In order to achieve the purposes of this chapter, the Secretary of Labor shall carry on a continuing program of education and information, under which he may, among other measures—
(1) undertake research, and promote research, with a view to reducing barriers to the employment of older persons, and the promotion of measures for utilizing their skills;
(2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other materials for the promotion of employment;
(3) foster through the public employment service system and through cooperative effort the development of facilities of public and private agencies for expanding the opportunities and potentials of older persons;
(4) sponsor and assist State and community informational and educational programs.
**(b)** Not later than six months after the effective date of this chapter, the Secretary shall recommend to the Congress any measures he may deem desirable to change the lower or upper age limits set forth in [section 631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section631&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 622
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary of Labor is directed to undertake an appropriate study of institutional and other arrangements giving rise to involuntary retirement, and report his findings and any appropriate legislative recommendations to the President and to the Congress. Such study shall include—
(A) an examination of the effect of the amendment made by section 3(a) of the Age Discrimination in Employment Act Amendments of 1978 in raising the upper age limitation established by [section 631(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section631/a&num=0&edition=prelim) to 70 years of age;
(B) a determination of the feasibility of eliminating such limitation;
(C) a determination of the feasibility of raising such limitation above 70 years of age; and
(D) an examination of the effect of the exemption contained in [section 631(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section631/c&num=0&edition=prelim), relating to certain executive employees, and the exemption contained in [section 631(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section631/d&num=0&edition=prelim), relating to tenured teaching personnel.
(2) The Secretary may undertake the study required by paragraph (1) of this subsection directly or by contract or other arrangement.
**(b)** The report required by subsection (a) of this section shall be transmitted to the President and to the Congress as an interim report not later than January 1, 1981, and in final form not later than January 1, 1982.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 624
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:
(1) An adequate income in retirement in accordance with the American standard of living.
(2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status.
(3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services.
(5) Opportunity for employment with no discriminatory personnel practices because of age.
(6) Retirement in health, honor, dignity—after years of contribution to the economy.
(7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities.
(8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, in the case of any employee or applicant for employment who—
(A) has been affected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and
(B) alleges that a basis for the action was discrimination prohibited by—
(i) section 717 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16&num=0&edition=prelim)),
(ii) section 6(d) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/d&num=0&edition=prelim)),
(iii) section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)),
(iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section631&num=0&edition=prelim), 633a), or
(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv) of this subparagraph,
the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board’s appellate procedures under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim) and this section.
(2) In any matter before an agency which involves—
(A) any action described in paragraph (1)(A) of this subsection; and
(B) any issue of discrimination prohibited und
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7702
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Federal law — U.S. Code and appendices · legal_authorities
Page 160
TITLE 29—LABOR
§ 631
nance and use of firefighting apparatus and
equipment, including an employee engaged in
this activity who is transferred to a supervisory
or administrative position.
(k) The term ‘‘law enforcement officer’’ means
an employee, the duties of whose position are
primarily the investigation, apprehension, or de-
tention of individuals suspected or convicted of
offenses against the criminal laws of a State, in-
cluding an employee engaged in this activity
who is transferred to a supervisory or adminis-
trative position. For the purpose of this sub-
section, ‘‘detention’’ includes the duties of em-
ployees assigned to guard individuals incarcer-
ated in any penal institution.
(l) The term ‘‘compensation, terms, condi-
tions, or privileges of employment’’ encom-
passes all employee benefits, including such ben-
efits provided pursuant to a bona fide employee
benefit plan.
(Pub. L. 90–202, § 11, Dec. 15, 1967, 81 Stat. 605;
Pub. L. 93–259, § 28(a)(1)–(4), Apr. 8, 1974, 88 Stat.
74; Pub. L. 98–459, title VIII, § 802(a), Oct. 9, 1984,
98 Stat. 1792; Pub. L. 99–592, § 4, Oct. 31, 1986, 100
Stat. 3343; Pub. L. 101–433, title I, § 102, Oct. 16,
1990, 104 Stat. 978.)
Editorial Notes
REFERENCES IN TEXT
The National Labor Relations Act, referred to in sub-
sec. (e)(1), is act July 5, 1935, ch. 372, 49 Stat. 452, which
is classified generally to subchapter II (§ 151 et seq.) of
chapter 7 of this title. For complete classification of
this Act to the Code, see section 167 of this title and
Tables.
The Railway Labor Act, referred to in subsec. (e)(1),
is act May 20, 1926, ch. 347, 44 Stat. 577, which is classi-
fied principally to chapter 8 (§ 151 et seq.) of Title 45,
Railroads. For complete classification of this Act to
the Code, see
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 631
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.