Page:United States Statutes at Large Volume 100 Part 4.djvu/998

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3344

PUBLIC LAW 99-592—OCT. 31, 1986

SEC. 6 SPECIAL RULE FOR TENURED FACULTY. . (a) SPECIAL RULE.—Section 12 of the Age Discrimination

20 USC 1141. 29 USC 631 and note. contracts. 29 USC 624 note.


29 USC 623 note.


Employment Act of 1967 (29 U.S.C. 631) is amended by adding at the end thereof the following new subsection: "(d) Nothing in this Act 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 (EIS defined by section 1201(a) of the Higher Education Act of 1965).". (b) TERMINATION PROVISION.—The amendment made by subsection (a) of this section is repealed December 31, 1993. (c) STUDY REQUIRED.—(1) The Equal Employment


Commission shall, not later than 12 months after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences for the conduct of a study to analyze the potential consequences of the elimination of mandatory retirement on institutions of higher education. (2) The study required by paragraph (1) of this subsection shall be conducted under the general supervision of the National Academy of Sciences by a study panel composed of 9 members. The study panel shall consist of— (A) 4 members who shall be administrators at institutions of higher education selected by the National Academy of Sciences after consultation with the American Council of Ekiucation, the Association of American Universities, and the National Association of State Universities and Land Grant Colleges; (B) 4 members who shall be teachers or retired teachers at institutions of higher education (who do not serve in an administrative capacity at such institutions), selected by the National Academy of Sciences after consultation with the American Federation of Teachers, the National Education Association, the American Association of University Professors, and the American Association of Retired Persons; and (C) one member selected by the National Academy of Sciences. (3) The results of the study shall be reported, with recommendations, to the President and to the Congress not later than 5 years after the date of enactment of this Act. (4) The expenses of the study required by this subsection shall be paid from funds available to the Equal Employment Opportunity Commission. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) IN GENERAL.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on January 1, 1987, except that with respect to any employee who is subject to a collective-bargaining agreement— (1) which is in effect on June 30, 1986, ,. (2) which terminates after January 1, 1987, ' '^' (3) any provision of which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and (4) which contains any provision that would be superseded by such amendments, but for the operation of this section.