Older Workers Benefit Protection Act
Public Law 101-433 · S. 1511 · 101st Congress · began in the Senate
Signed by George H. W. Bush (R) on Oct 16, 1990 · Labor and Employment
Sponsor: Sen. David Pryor (D-AR)
Cosponsors (45): Sen. Jim Jeffords, Sen. Howard Metzenbaum,
Passage votesYeaNay
- HouseRecorded vote: 406 yea, 17 nay406–17
- SenateRecorded vote: 94 yea, 1 nay94–1
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Older Workers Benefit Protection Act - Title I: Older Workers Benefit Protection - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations.
Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan.
Allows employers to take any action otherwise prohibited under ADEA to observe the terms of a bona fide seniority system that is not intended to evade the purposes of ADEA, but prohibits such systems from requiring or permitting involuntary retirement because of age.
Allows employers to take any action otherwise prohibited under ADEA to observe the terms of bona fide employee benefit plans under specified conditions.
Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA.
Allows observance of bona fide voluntary early retirement incentive plans that are consistent with the relevant purposes of ADEA.
Prohibits such employee benefit plans or voluntary early retirement incentive plans: (1) from excusing the failure to hire any individual; and (2) from requiring or permitting involuntary retirement because of age.
Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that such actions to observe the terms of such bona fide seniority systems, employee benefit plans, or voluntary early retirement plans are lawful.
Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan.
Exempts from overall ADEA prohibitions (which codify the principle of equal benefit or equal cost): (1) certain benefit practices that are permanent features of a defined benefit pension plan; and (2) certain defined and identified forms of benefit coordination following contingent events unrelated to age.
Allows employers, without its being considered a violation of such ADEA provisions, to provide bona fide employee benefit plans under which long-term disability benefits received by an individual are reduced by any pension benefits (other than those attributable to employee contributions), if the individual: (1) voluntarily elects to receive such pension benefits; or (2) is eligible to receive them because of attainment of age 62 or normal retirement age, whichever is later.
Requires the Equal Employment Opportunity Commission (EEOC) to consult with the Secretaries of Labor and of the Treasury before issuing rules and regulations for carrying out this title.
Applies this title, with specified exceptions, to: (1) any employee benefit established or modified on or after the enactment of this Act; and (2) other conduct occurring more than 180 days after such enactment.
Provides that, in the case of certain collective bargaining agreements, this title shall not apply until the termination of the agreement or June 1, 1992, whichever is first.
Delays application of this title until two years after the enactment of this Act in the case of any State or local government employee benefit plan which: (1) was maintained at any time between June 23, 1989, (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts) and the enactment of this Act; (2) would be superseded in whole or in part by this title; and (3) may be modified only through a change in State or local law. Allows State and local governments to offer existing employees an election between existing and newly-created disability benefits. Directs the EEOC and the Secretaries of Labor and of the Treasury to provide States requested assistance in identifying and securing independent technical advice in complying with such provisions.
Declares that nothing in this title shall be construed as limiting specified ADEA prohibitions against discrimination in employee pension benefits plans.
Makes this title inapplicable to certain continued benefit payments that began before the enactment of this Act; but prohibits any substantial modification of such benefit arrangement if the intent of the modification is to evade the purposes of this Act.
Title II: Waiver of Rights or Claims - Prohibits an individual from waiving any right or claim under ADEA unless such waiver is knowing and voluntary. Prohibits considering such waivers as knowing and voluntary unless: (1) specified minimum standards are met, including certain periods for consideration of agreements; (2) additional requirements are met if waivers are requested in connection with an exit incentive or other employment termination program offered to a class or group of employees; and (3) in the case of waivers in settlement of a charge filed with the Equal Employment Opportunity Commission (EEOC), or an action filed in court, alleging age discrimination prohibited under certain ADEA provisions, certain minimum standards are met and the individual is given reasonable time to consider the settlement agreement.
Places on the party asserting validity of the waiver the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to such specified minimum requirements.
Prohibits any waiver agreement from: (1) affecting EEOC rights and responsibilities to enforce ADEA; or (2) being used to justify interfering with an employee's protected right to file a charge or participate in an EEOC investigation or proceeding.
Provides that a specified EEOC rule on waivers shall have no force and effect after enactment of this Act.
Title III: Severability - Sets forth a severability provision.
Who voted for it
Every senator of the 101st Congress on the ideology compass. Highlighted: the 95 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
95 yea1 nay4 present or did not vote
Democrats who voted yea(54)
- Sen. Howard MetzenbaumD-OH
Sen. Ted KennedyD-MA- Sen. Quentin BurdickD-ND
- Sen. Brock AdamsD-WA
Sen. Barbara MikulskiD-MD- Sen. Paul SimonD-IL
- Sen. Alan CranstonD-CA
- Sen. James SasserD-TN
- Sen. Paul SarbanesD-MD
Sen. Patrick LeahyD-VT
Sen. Tom HarkinD-IA
Sen. Kent ConradD-ND- Sen. Tom DaschleD-SD
- Sen. Donald RiegleD-MI
- Sen. Dale BumpersD-AR
Sen. Robert ByrdD-WV- Sen. Daniel MoynihanD-NY
Sen. John KerryD-MA- Sen. Bill BradleyD-NJ
- Sen. David PryorD-AR
Sen. Daniel AkakaD-HI
Sen. Frank LautenbergD-NJ- Sen. Timothy WirthD-CO
Sen. Jay RockefellerD-WV- Sen. Claiborne PellD-RI
- Sen. George MitchellD-ME
Sen. Carl LevinD-MI
Sen. Herb KohlD-WI
Sen. Christopher DoddD-CT- Sen. Albert GoreD-TN
- Sen. Robert KerreyD-NE
Sen. Joseph BidenD-DE
Sen. Jeff BingamanD-NM
Sen. Daniel InouyeD-HI- Sen. James SanfordD-NC
Sen. Joseph LiebermanD-CT- Sen. Wendell FordD-KY
- Sen. John GlennD-OH
- Sen. Wyche FowlerD-GA
- Sen. Richard BryanD-NV
Sen. Max BaucusD-MT
Sen. Harry ReidD-NV- Sen. Dennis DeConciniD-AZ
- Sen. Fritz HollingsD-SC
- Sen. John JohnstonD-LA
- Sen. Lloyd BentsenD-TX
- Sen. John BreauxD-LA
- Sen. Bob GrahamD-FL
- Sen. Samuel NunnD-GA
- Sen. Charles RobbD-VA
- Sen. Alan DixonD-IL
- Sen. David BorenD-OK
Sen. Richard ShelbyD-AL- Sen. Howell HeflinD-AL
Republicans who voted yea(41)
- Sen. Jim JeffordsR-VT
- Sen. Mark HatfieldR-OR
- Sen. William CohenR-ME
- Sen. Robert PackwoodR-OR
- Sen. Henry HeinzR-PA
Sen. Arlen SpecterR-PA- Sen. David DurenbergerR-MN
- Sen. John ChafeeR-RI
- Sen. Alfonse D’AmatoR-NY
Sen. Ted StevensR-AK
Sen. Pete DomeniciR-NM
Sen. John WarnerR-VA- Sen. John DanforthR-MO
- Sen. Nancy KassebaumR-KS
- Sen. Larry PresslerR-SD
- Sen. Warren RudmanR-NH
- Sen. Robert KastenR-WI
- Sen. Slade GortonR-WA
Sen. Thad CochranR-MS
Sen. John McCainR-AZ- Sen. Rudy BoschwitzR-MN
- Sen. Frank MurkowskiR-AK
- Sen. Alan SimpsonR-WY
Sen. Orrin HatchR-UT- Sen. William RothR-DE
Sen. Richard LugarR-IN
Sen. Kit BondR-MO
Sen. Mitch McConnellR-KY- Sen. Robert DoleR-KS
Sen. Chuck GrassleyR-IA- Sen. Conrad BurnsR-MT
- Sen. Strom ThurmondR-SC
Sen. Daniel CoatsR-IN
Sen. Trent LottR-MS- Sen. Phil GrammR-TX
- Sen. Connie MackR-FL
- Sen. Don NicklesR-OK
- Sen. William ArmstrongR-CO
- Sen. Steven SymmsR-ID
- Sen. Malcolm WallopR-WY
- Sen. Jesse HelmsR-NC
Data notes
The Senate’s recorded vote on the final version of the law (roll call 557 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Health, Education, Labor, and Pensions Committee · Senate · markup by, referred to, reported bySubcommittee: Labor Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 23 actions.
- Oct 16, 1990Became lawBecame law · Became Public Law No: 101-433.
- Became lawBecame law · Signed by President.
- Oct 4, 1990PresidentPresident · Presented to President.
- Oct 3, 1990FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 406 - 17 (Roll no. 407).House roll call 407
- Oct 2, 1990FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.
- FloorFloor · On ordering a second Agreed to without objection.
- FloorFloor · Mr. Goodling demanded a second on the motion to suspend the rules.
- FloorFloor · Mr. Clay moved to suspend the rules and pass the bill.
- Sep 24, 1990FloorFloor · Passed Senate with an amendment by Yea-Nay Vote. 94-1. Record Vote No: 245.Senate roll call 245
- FloorFloor · The committee substitute as amended agreed to by Voice Vote.
- Sep 20, 1990FloorFloor · Cloture vote on the Committee substitute was vitiated.
- Sep 17, 1990FloorFloor · The Committee substitute was modified by Unanimous Consent.
- FloorFloor · Measure laid before Senate by unanimous consent.
- Sep 12, 1990FloorFloor · The vote on cloture on the motion to proceed was vitiated by Unanimous Consent.
- Apr 5, 1990CommitteeCommittee · Reported by Senate Health, Education, Labor, and Pensions Committee
- Feb 28, 1990CommitteeCommittee · Markup by Senate Health, Education, Labor, and Pensions Committee
- Oct 17, 1989CommitteeCommittee · Reported by Labor Subcommittee of the Senate Health, Education, Labor, and Pensions Committee
- CommitteeCommittee · Markup by Labor Subcommittee of the Senate Health, Education, Labor, and Pensions Committee
- Sep 27, 1989CommitteeCommittee · Hearings by Labor Subcommittee of the Senate Health, Education, Labor, and Pensions Committee
- Sep 26, 1989CommitteeCommittee · Referred to Labor Subcommittee of the Senate Health, Education, Labor, and Pensions Committee
- Aug 3, 1989CommitteeCommittee · Referred to Senate Health, Education, Labor, and Pensions Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.





















































































