House Bill 1204
By: Representatives Schofield of the 63rd, Greene of the 154th, McClain of the 109th,
Townsend of the 179th, and Davis of the 87th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to
prohibition of age discrimination in employment, so as to change the age of individuals
protected by such prohibition; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to prohibition of
age discrimination in employment, is amended by revising subsection (a) as follows:
"(a) No person, firm, association, or corporation carrying on or conducting within this state
any business requiring the employment of labor shall refuse to hire, employ, or license nor
shall such person, firm, association, or corporation bar or discharge from employment any
individual <del>between the ages of 40 and 70 years</del> <ins>40 years of age or older,</ins> solely upon the
<del>ground</del> <ins>basis</ins> of age, when the reasonable demands of the position do not require such an
age distinction, provided that such individual is qualified physically, mentally, and by
training and experience to perform satisfactorily the labor assigned to him <ins>or her</ins> or for
which he <ins>or she</ins> applies. Nothing in this Code section shall affect the retirement policy or
system of any employer where such policy or system is not merely a subterfuge to evade
the purposes of this Code section. When the retirement or insurance benefit program of
any employer shall <ins>lawfully</ins> prohibit the employment of any person because of excessive
age, such person shall have the authority, as a condition of employment, to waive the right
to participate in any such program and receive any benefits therefrom. Nothing in this
Code section shall be construed to prohibit compulsory retirement of any employee who
has attained 65 years of age but not 70 years of age and who, for the two-year period
immediately before retirement, is employed in a bona fide executive or a high
policy-making 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 $27,000.00."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.