ATTACHED LETTER FROM CONGRESSMAN JEFFORDS TO OPM, INDICATING HIS INTENT TO SEEK REPEAL OF STATUTORY MANDATORY EARLY RETIREMENT PROVISIONS AFFECTING FEDERAL EMPLOYEES DURING HOUSE FLOOR ACTION ON H.R. 4154.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600880005-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: March 1, 2011
• Sequence Number: 5
• Publication Date: August 7, 1986
• Content Type: MEMO

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OCA 2804-86
OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
INFO
1. D/OCA
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2. DD/Legislation
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3. DD/Senate Affairs
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4. Ch/Senate Affairs
5. DD/House Affairs
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6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
X
9. FOIA Officer
Constituent Inquiries
~~' Officer
11.
12.
2Q Au
at e 6
GT / 13 Aug 86
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
i -0
August 7, 1986
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer -
Department of Defense
Department of the Interior (Park Police)
Department of Justice
Department of Labor
Department of State
Department of Transportation (FAA)
Department of the Treasury (Secret Service)
.Central Intelligence Agency
Equal Employment Opportunity Commission
SUBJECT: Attached letter from Congressman Jeffords to OPM,
indicating his intent to seek repeal of statutory
mandatory early retirement provisions affecting Federal
employees during House floor action on H.R. 4154.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB
Circular A-19.
A response to this request for your viers is needed no later than
Friday, August 29, 1986. The Education and Labor Committee
report on H.R. 4154 is expected to be filed next week. The bill
will come up on the floor after the August recess.
Questions should be referred to Elaine Rideout (395-6156), or to
Hilda Schreiber (395-7362), the legislative analyst in this
office.
Naomi R. Sweeney for
Assistant Director for
Legislative Reference
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COMMITTEE ON EDUCATION AND LABOR
U.S. MOUSE OF REPRE$ENTATIvti
silt M1IUN NOUN Ow1a NNLmNs
WASNINGTON. DC 5051
July 28, 1986
Us. Constance Horner
Director
Office of Personnel Management
Room 5, U09
1900 E Street, R.W.
Washington, D.C. 20415
Dear Ks. Horner:
Jtt"kad1t
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'PA I. I.1M- L
On July 24 the Souse of Representatives' Committee on Education
and Labor 'marked up' B.R. 4154. This bill will remove the
upper age limit under the Age Discrimination in Rmployment Act
(AREA), 29 O.S.C. 621 It fan As now in force, the ADBA
prohibits discrimination n ;mployment on the basis of age for
workers between ages 40 and 70. Thus, a worker cannot be
mandatorily retired on the basis of age prior to age 70.
When the ADEA was originally enacted, it applied to workers up
to 65 years old. In 1978 Congress amended the statute, raising
the age ceiling from 65 to 70 for most non-Federal workers. The
section og the statute dealing with Federal Workers, 29 O.S.C.
633a, was also amended. The upper age cap was entirely
eliminated for most Federal workers, and the ADEA now generally
forbids mandatory retirement of Federal workers on account of
ape.
Unaffected by the 1978 amendments were statutes that mandate
retirement at various specified ages for a number of Federal
workers. For example, 5 Q.B.C. 8335(a) calls for retirement of
air traffic controllers at age 56, and 5 U.S.C. 8335(b)
generally requires Federal law enforcement officers and
firefighters to retire at age 53.
In the course of consideration of H.R. 4154 by the Education and
Labor Coeaaittee, I offered an amendment to the ADEA's
provisions concerning Federal workers. 2 proposed to add the
words ?Notwithetanding any other provision of Federal law
relating to any mandatory retirement requirement. . , ? at the
beginning of 29 U.S.C. 633a. It was my intention that this
language would override Federal mandatory retirement provisions
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14:38 OPM - REG'L OPNS NO. Oil 003
Me. Constance Horner
July 28, 1986
Palle two
like-those in the preceding paragraph and make all Federal
employees in the executive branch (together with judicial and
legislative branch employees who are in the competitive service)
subject to the protections of the ADEA.
For procedural reasons the Committee did not consider my
amendment; however, I intend to offer the same amendment when
this measure is considered on the Floor of the House. In
conjunction with this effort, I would appreciate your providing
me some technical assistance. Specifically, I would like to
have a list of the positions in the executive branch subject to
mandatory retirement (with references to the statutes or
regulations requiring retirement), the age at which retirement
is required for each position, and the approximate number of
people who serve in each position. If there are any positions
in the competitive service in the judicial or legislative
branches for which retirement is mandated, I would like to have
the same information with respect to these positions. Lastly, I
would like to know what, if an y# adjustments in Federal
personnel and retirement policies might have to be made if my
amendment were adopted.
H.R. 4154 may be taken up on the floor of the House in the near
future, so I would appreciate receiving your response to this
request as soon as possible. If you have any questions about
it, please contact Jeff Fox at 225-7101 or Mark Powden at
225-3725.
Thank you for your assistance.
cc: Bon. Augustus Hawkins,
Chairman, Committee on Education and Labor
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