Older Workers Benefit Protection Act

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Older Workers Benefit Protection Act

Older Workers Benefit Protection Act

Act Details

Older Workers Benefit Protection Act was, as a bill, a proposal (now, a piece of legislation) introduced on 1989-08-03 in the House of Commons and Senate respectively of the 101 United States Congress by David Hampton Pryor in relation with: Actions and defenses, Administrative procedure, Age and employment, Age discrimination, Civil procedure, Claims, Collective bargaining agreements, Discrimination in employment, Early retirement, Employee benefit plans, Employment agencies, Evidence (Law), Labor and employment, Labor unions, Local officials and employees, Mandatory retirement, Older workers, Pension funds, Retirement, Seniority in employment, State officials and employees, Supreme Court decisions.

Older Workers Benefit Protection Act became law (1) in the United States on 1990-10-16. It was referred to the following Committee(s): (2)

Senate Labor and Human Resources (SSHR)

David Hampton Pryor, member of the US congress
David Hampton Pryor, Democrat, Senator from Arkansas

The proposal had the following cosponsors:

Brockman (brock) Adams, Democrat, Senator, from Washington
Daniel Kahikina Akaka, Democrat, Senator, from Hawaii, district 2
Lloyd Millard Bentsen, Democrat, Senator, from Texas
Joseph Robinette Biden, Democrat, Senator, from Delaware
Jeff Bingaman, Senator, from New Mexico
Richard H Bryan, Democrat, Senator, from Nevada
Dale Bumpers, Democrat, Senator, from Arkansas
Quentin Northrup Burdick, Democrat, Senator, from North Dakota
William Sebastian Cohen, Republican, Senator, from Maine
Kent Conrad, Democrat, Senator, from North Dakota
Alan Cranston, Democrat, Senator, from California
Alfonse D'Amato, Senator, from New York
Thomas Daschle, Senator, from South Dakota
Dennis Webster Deconcini, Democrat, Senator, from Arizona
Christopher John Dodd, Democrat, Senator, from Connecticut
Wyche Fowler, Democrat, Senator, from Georgia
John Herschel Glenn, Democrat, Senator, from Ohio
Albert Arnold Gore, Democrat, Senator, from Tennessee
Bob Graham, Senator, from Florida
Thomas Richard (tom) Harkin, Democrat, Senator, from Iowa
Mark Odom Hatfield, Republican, Senator, from Oregon
Henry John Heinz, Republican, Senator, from Pennsylvania
Ernest Frederick Hollings, Democrat, Senator, from South Carolina
Daniel Ken Inouye, Democrat, Senator, from Hawaii
James Merrill Jeffords, Republican; Independent, Senator, from Vermont
Edward Moore (ted) Kennedy, Democrat, Senator, from Massachusetts
John Forbes Kerry, Democrat, Senator, from Massachusetts
Herb Kohl, Senator, from Wisconsin
Patrick Joseph Leahy, Democrat, Senator, from Vermont
Carl Levin, Democrat, Senator, from Michigan
Joseph Lieberman, Senator, from Connecticut
Howard Morton Metzenbaum, Democrat; Democrat, Senator, from Ohio
Barbara Ann Mikulski, Democrat, Senator, from Maryland
Daniel Patrick Moynihan, Democrat, Senator, from New York
Bob Packwood, Senator, from Oregon
Claiborne De Borda Pell, Democrat, Senator, from Rhode Island
Larry Lee Pressler, Republican, Senator, from South Dakota
Harry Reid, Democrat, Senator, from Nevada
Donald Wayne Riegle, Democrat, Senator, from Michigan
John Davison Iv (jay) Rockefeller, Democrat, Senator, from West Virginia
(james) Terry Sanford, Democrat, Senator, from North Carolina
Paul Spyros Sarbanes, Democrat, Senator, from Maryland
Jim Sasser, Senator, from Tennessee
Paul Simon, Senator, from Illinois
Timothy E. Wirth, Democrat, Senator, from Colorado

Act Overview

  • Number: 1511 (3)
  • Official Title as Introduced: A bill to amend the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes (4)
  • Short Title: Older Workers Benefit Protection Act
  • Date First Introduced: 1989-08-03
  • Sponsor Name: Timothy E. Wirth
  • Assignment Process: See Committe Assignments (5)
  • Latest Major Activity/Action: Enacted
  • Date Enacted (signed, in general (6), by President): 1990-10-16
  • Type: s (7)
  • Main Topic: Labor and employment
  • Related Bills: (8)

    hr3200-101, Reason: identical, Type: bill

  • Summary of Older Workers Benefit Protection Act: Govtrack. Authored by the Congressional Research Service (CRS) of the Library of Congress.
  • Primary Source: Congress Website

Text of the Older Workers Benefit Protection Act

Older Workers Benefit Protection Act – Title I: Older Workers Benefit Protection – Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that as used in ADEA the phrase “compensation terms conditions or privileges of employment” encompasses all employee benefits including those provided under a bona fide employee benefit plan. Allows employers to take any action otherwise prohibited under ADEA to observe the terms of a bona fide seniority system that is not intended to evade the purposes of ADEA but prohibits such systems from requiring or permitting involuntary retirement because of age. Allows employers to take any action otherwise prohibited under ADEA to observe the terms of bona fide employee benefit plans under specified conditions. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker for each benefit or benefit package in order for an employee benefit plan not to violate ADEA. Allows observance of bona fide voluntary early retirement incentive plans that are consistent with the relevant purposes of ADEA. Prohibits such employee benefit plans or voluntary early retirement incentive plans: (1) from excusing the failure to hire any individual; and (2) from requiring or permitting involuntary retirement because of age. Places on the employer employment agency or labor organization the burden of proving in any civil enforcement proceeding brought under ADEA that such actions to observe the terms of such bona fide seniority systems employee benefit plans or voluntary early retirement plans are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Exempts from overall ADEA prohibitions (which codify the principle of equal benefit or equal cost): (1) certain benefit practices that are permanent features of a defined benefit pension plan; and (2) certain defined and identified forms of benefit coordination following contingent events unrelated to age. Allows employers without its being considered a violation of such ADEA provisions to provide bona fide employee benefit plans under which long-term disability benefits received by an individual are reduced by any pension benefits (other than those attributable to employee contributions) if the individual: (1) voluntarily elects to receive such pension benefits; or (2) is eligible to receive them because of attainment of age 62 or normal retirement age whichever is later. Requires the Equal Employment Opportunity Commission (EEOC) to consult with the Secretaries of Labor and of the Treasury before issuing rules and regulations for carrying out this title. Applies this title with specified exceptions to: (1) any employee benefit established or modified on or after the enactment of this Act; and (2) other conduct occurring more than 180 days after such enactment. Provides that in the case of certain collective bargaining agreements this title shall not apply until the termination of the agreement or June 1 1992 whichever is first. Delays application of this title until two years after the enactment of this Act in the case of any State or local government employee benefit plan which: (1) was maintained at any time between June 23 1989 (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts) and the enactment of this Act; (2) would be superseded in whole or in part by this title; and (3) may be modified only through a change in State or local law. Allows State and local governments to offer existing employees an election between existing and newly-created disability benefits. Directs the EEOC and the Secretaries of Labor and of the Treasury to provide States requested assistance in identifying and securing independent technical advice in complying with such provisions. Declares that nothing in this title shall be construed as limiting specified ADEA prohibitions against discrimination in employee pension benefits plans. Makes this title inapplicable to certain continued benefit payments that began before the enactment of this Act; but prohibits any substantial modification of such benefit arrangement if the intent of the modification is to evade the purposes of this Act. Title II: Waiver of Rights or Claims – Prohibits an individual from waiving any right or claim under ADEA unless such waiver is knowing and voluntary. Prohibits considering such waivers as knowing and voluntary unless: (1) specified minimum standards are met including certain periods for consideration of agreements; (2) additional requirements are met if waivers are requested in connection with an exit incentive or other employment termination program offered to a class or group of employees; and (3) in the case of waivers in settlement of a charge filed with the Equal Employment Opportunity Commission (EEOC) or an action filed in court alleging age discrimination prohibited under certain ADEA provisions certain minimum standards are met and the individual is given reasonable time to consider the settlement agreement. Places on the party asserting validity of the waiver the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to such specified minimum requirements. Prohibits any waiver agreement from: (1) affecting EEOC rights and responsibilities to enforce ADEA; or (2) being used to justify interfering with an employee's protected right to file a charge or participate in an EEOC investigation or proceeding. Provides that a specified EEOC rule on waivers shall have no force and effect after enactment of this Act. Title III: Severability – Sets forth a severability provision.

Act Notes

  • [Note 1] An Act (like Older Workers Benefit Protection Act) or a resolution cannot become a law in the United States until it has been approved (passed) in identical form by both the House of Representatives and the Senate, as well as signed by the President (but see (5)). If the two bodys of the Congress versions of an Act are not identical, one of the bodies might decide to take a further vote to adopt the bill (see more about the Congress process here). An Act may be pass in identical form with or without amendments and with or without conference. (see more about Enrollment).
  • [Note 2] Proposals are referred to committees for preliminary consideration, then debated, amended, and passed (or rejected) by the full House or Senate. To prevent endless shuttling of bills between the House and Senate, bills like Older Workers Benefit Protection Act are referred to joint committees made up of members of both houses.
  • [Note 3] For more information regarding this legislative proposal, go to THOMAS, select “Bill Number,” search on (Older Workers Benefit Protection Act)
  • [Note 4] A bill to amend the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes. The current official title of a bill is always present, assigned at introduction (for example, in this case, on 1989-08-03) and can be revised any time. This type of titles are sentences.
  • [Note 5] The Act is referred to the appropriate committee by the Speaker of any of the two Houses. Bills are placed on the calendar of the committee to which they have been assigned. See Assignment Process.
  • [Note 6] Regarding exceptions to President´s approval, a bill that is not signed (returned unsigned) by the President can still become law if at lest two thirds of each of the two bodys of the Congress votes to pass it, which is an infrequent case. See also Presidential Veto.
  • [Note 7] Legislative Proposal types can be: hr, hres, hjres, hconres, s, sres, sjres, sconres. A bill originating in the Senate is designated by the letter “S”, and a bill originating from the House of Representatives begins with “H.R.”, followed, in both cases, by its individual number which it retains throughout all its parliamentary process.
  • [Note 8] For information regarding related bill/s to Older Workers Benefit Protection Act, go to THOMAS.


No analysis (criticism, advocacy, etc.) about Older Workers Benefit Protection Act submitted yet.

Actions and defenses
Administrative procedure
Age and employment
Age discrimination
Civil procedure
Collective bargaining agreements
Discrimination in employment
Early retirement
Employee benefit plans
Employment agencies
Evidence (Law)
Labor and employment
Labor unions
Local officials and employees
Mandatory retirement
Older workers
Pension funds
Seniority in employment
State officials and employees
Supreme Court decisions

Further Reading

  • “How our laws are made”, Edward F Willett; Jack Brooks, Washington, U.S. G.P.O.
  • “To make all laws : the Congress of the United States, 1789-1989”, James H Hutson- Washington, Library of Congress.
  • “Bills introduced and laws enacted: selected legislative statistics, 1947-1990”, Rozanne M Barry; Library of Congress. Congressional Research Service.

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