HB1204: HB1204 Employment; age discrimination; change age of individuals protected

26 LC 65 0044 House Bill 1204 By: Representatives Schofield of the 63 rd, Greene of the 154 th, McClain of the 109 th, 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 An notated, relating to1 prohibition of age discrim ination in employment, so as to chang e the age of individuals2 protected by such prohibition; to provide for an effective date; to repeal conflicting laws; and3 for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 34-1-2 of the Official Code of Georgia Annotated, relating to prohibition of7 age discrimination in employment, is amended by revising subsection (a) as follows:8 "(a) No person, firm, association, or corporation carrying on or conducting within this state9 any business requiring the employment of labor shall refuse to hire, employ, or license nor10 shall such person, firm, association, or corporation bar or discharge from employment any11 individual between the ages of 40 and 70 years 40 years of age or older, solely upon the12 ground basis of age, when the reasonable demands of the position do not require such an13 age distinction, provided that such individual is qualified phy sically, mentally, and by14 training and experience to perform satisfactorily the labor ass igned to him or her or for15 which he or she applies. Nothing in this Code section shall affect the retirement policy or16 H. B. 1204 - 1 - 26 LC 65 0044 system of any employer where such policy or system is not merely a subterfuge to evade17 the purposes of this Code section. When the retirement or insu rance benefit program of18 any employer shall lawfully prohibit the employment of any person because of excessive19 age, such person shall have the authority, as a condition of employment, to waive the right20 to participate in any such program and receive any benefits the refrom. Nothing in this21 Code section shall be construed to prohibit compulsory retirement of any employee who22 has attained 65 years of age but not 70 years of age and who, f or the two-year period23 immediately before retirement, is employed in a bona fide execu tive or a high24 policy-making position, if such employee is entitled to an immediate nonforfeitable annual25 retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan,26 or any combination of such plans, of the employer of such employee, which equals, in the27 aggregate, at least $27,000.00."28 SECTION 2.29 This Act shall become effective upon its approval by the Governor or upon its becoming law30 without such approval.31 SECTION 3.32 All laws and parts of laws in conflict with this Act are repealed.33 H. B. 1204 - 2 -