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Institute of Government <br />The University of North Carolina al Chapel Hill <br /> <br />MEMO <br /> <br /> TO: City and County flanagers, Personnel Directors, and City Clerks <br /> FROM: Stephen Allred~ <br /> DATE: December 6, 1986 <br /> SUBJECT: Amendments to the Age Discrimination in Employment Act <br /> <br /> This is to advise you of recent amendments to the Age <br /> Discrimination in Employment Act, 29 U.S.C. §§ 621-634 ("ADEA"), which <br /> will be effective January 1, 1987. These amendments may have <br /> substantial impact on your existing personnel policies in three ways. <br /> <br /> First, employers (including state and local governments) may no <br /> longer-~equire.employees to retire upon reaching age.lO.. The sole <br /> exception ia for public safety officered:for whom mandatory retirement <br /> policies may remain in for6e until December 31; 1993. <br /> <br /> Second, the ADEA now ~equires continuation ot coverage under an <br /> employer's group health plan for workers age 70 and above. An employer <br /> must offer the same group health plan benefits to all employees, <br /> regardless of age. <br /> <br /> Third, employees and applicants age 40 and above may file <br /> complaints alleging age discrimination. Previously, only those <br /> employees and applicants between the ages of 40 and 70 could do so. <br /> <br /> The constitutionality of mandatory coverage of state and local <br /> governments under the ADEA was upheld in EEOC v. Wyoming, 460 U.S. 226 <br /> (1983). I therefore recomend that a review of your personnel policies <br /> be conducted to assure compliance with these new ADEA requirements. <br /> <br /> If further information is needed, please call me at (919) 966-4159. <br /> <br /> Knapp Building 059A, Thc University of North Carolina at Chapel Hill. Chnpcl Hill. N.C. 27514. {919) 966-5381 <br /> <br /> <br />