In December 2002, the U.S. Treasury Department issued some long-awaited guidance to employers about cash balance plans. These proposed regulations, issued under Internal Revenue Code Section 411 (b)(1)(H), prohibit age discrimination employment in benefit accruals and are fairly comprehensive in nature. Although a public hearing on the regulations was held in April 2003, the rules are not yet final as this article goes to press.

In essence, the regulations generally indicate that a company cannot directly or indirectly affect a participant’s benefit accrual based on age. (more…)

As the nations of the world address the challenges of population aging, two key issues of concern are whether a sufficient number of appropriately skilled workers will be available to maintain economic productivity and whether the existing retirement pension programs will be able to maintain the growing number of retirees. A multidisciplinary literature addresses various dimensions of these joined issues, including studies of the trends in employment rates among persons 55 years and older, the relationship between aging and changes in physical and mental capacity, the influence of current policies on the availability and utilization of older workers, and how new workplace programs and government policies may lead to improved opportunities for jobs for older workers. The policies proposed in response to these concerns differ in their targets for change and in their tone. (more…)

The lower age boundary defining “older worker” seems to depend on the context. Much of the retirement literature uses age 65 and older to define this category, a choice that reflects the salience of age 65 in previously enforced policies of mandatory retirement and entitlement for full Social Security benefits, as well as the general usage of the 18-to-64 age range in defining the “prime age” workforce. Within this context, “older worker” referred to someone whose continued attachment to the labor force ran counter to the normative pattern of retirement; by working beyond the “normal” retirement age of 65, these workers were considered categorically different from those who eschewed the option of “early” retirement. (more…)

Virtually all industrialized countries have enacted legislation prohibiting discrimination in employment or occupation on the basis of race, religion, sex and various other grounds. Very few have laws banning age discrimination.

Among those that do, the United States has the best-established legislation. Age discrimination laws have been adopted at the federal level and by most states. The principal federal legislation is the (more…)