US Code

Public Law 119-73 (01/23/2026)

29 U.S.C. § 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

section 633a of this titlesection 633a of this titleIn the case of any personnel action affecting employees or applicants for employment which is subject to the provisions of , the prohibitions established in 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.

Pub. L. 90–202, § 1281 Stat. 607Pub. L. 95–256, § 3(a)92 Stat. 18992 Stat. 3781Pub. L. 98–459, title VIII, § 802(c)(1)98 Stat. 1792Pub. L. 99–272, title IX, § 9201(b)(2)100 Stat. 171Pub. L. 99–592100 Stat. 3342Pub. L. 101–239, title VI, § 6202(b)(3)(C)(ii)103 Stat. 2233(, , ; , (b)(3), , , 190; 1978 Reorg. Plan No. 1, § 2, eff. , 43 F.R. 19807, ; , , ; , , ; , §§ 2(c), 6(a), , , 3344; , , .)

Editorial Notes

Amendments

Pub. L. 101–239section 623(g) of this title1989—Subsec. (a). struck out “(except the provisions of )” after “in this chapter”.

Pub. L. 99–592, § 2(c)(1)1986—Subsec. (a). , which directed that “but less than seventy years of age” be struck out was executed by striking out “but less than 70 years of age” after “40 years of age” as the probable intent of Congress.

Pub. L. 99–272section 623(g) of this title inserted “(except the provisions of )” after “this chapter”.

Pub. L. 99–592, § 2(c)(2)Subsec. (c)(1). , which directed that “but not seventy years of age,” be struck out was executed by striking out “but not 70 years of age,” after “65 years of age” as the probable intent of Congress.

Pub. L. 99–592, § 6(a)section 1141(a) of title 20Subsec. (d). , (b), temporarily added subsec. (d) which read as follows: “Nothing in this chapter 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 ).” See Effective and Termination Dates of 1986 Amendments note below.

Pub. L. 98–4591984—Subsec. (c)(1). substituted “$44,000” for “$27,000”.

Pub. L. 95–256, § 3(a)1978—, designated existing provisions as subsec. (a), substituted “40 years of age but less than 70 years of age” for “forty years of age but less than sixty-five years of age”, added subsecs. (b) and (c), and temporarily added subsec. (d). See Effective and Termination Dates of 1978 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Pub. L. 101–239section 6202(b)(5) of Pub. L. 101–239section 162 of Title 26Amendment by applicable to items and services furnished after , see , set out as a note under , Internal Revenue Code.

Effective and Termination Dates of 1986 Amendments

Pub. L. 99–592section 7(a) of Pub. L. 99–592section 623 of this titleAmendment by effective , with certain exceptions, see set out as a note under .

Pub. L. 99–592, § 6(b)100 Stat. 3344

“The amendment made by subsection (a) of this section [amending this section] is repealed .”
, , , provided that:

Pub. L. 99–272section 9201(d)(2) of Pub. L. 99–272section 1395p of Title 42Amendment by effective , see , set out as an Effective Date of 1986 Amendment note under , The Public Health and Welfare.

Effective Date of 1984 Amendment

Pub. L. 98–459, title VIII, § 802(c)(2)98 Stat. 1792

“The amendment made by paragraph (1) of this subsection [amending this section] shall not apply with respect to any individual who retires, or is compelled to retire, before the date of the enactment of this Act [].”
, , , provided that:

Effective and Termination Dates of 1978 Amendment

Pub. L. 95–256, § 3(b)92 Stat. 190

“(1)
Sections 12(a), 12(c), and 12(d) of the Age Discrimination in Employment Act of 1967, as amended by subsection (a) of this section [subsecs. (a), (c), and (d) of this section] shall take effect on .
“(2)
Section 12(b) of such Act, as amended by subsection (a) of this section [subsec. (b) of this section], shall take effect on .
“(3)
Section 12(d) of such Act, as amended by subsection (a) of this section [enacting subsec. (d) of this section], is repealed on .”
, , , provided that:

Executive Documents

Transfer of Functions

92 Stat. 3781“Equal Employment Opportunity Commission” substituted for “Secretary”, meaning Secretary of Labor, in subsec. (c)(2) pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, , set out in the Appendix to Title 5, Government Organization and Employees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission, effective , as provided by section 1–101 of Ex. Ord. No. 12106, , 44 F.R. 1053.