Page:United States Statutes at Large Volume 92 Part 1.djvu/245

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-256—APR. 6, 1978 take effect with respect to civil actions b r o u ^ t after the date of enactment of this Act. (c)(1) Section 7(e) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(e)) is amended by inserting " (1) " after the subsection designation and by adding at the end thereof the following new paragraph: "(2) For the period during which the Secretary is attempting to effect voluntary compliance with requirements of this Act through informal methods of conciliation, conference, and persuasion pursuant to subsection (b), the statute of limitations as provided in section 6 of the Portal-to-Portal Act of 1947 shall be tolled, but in no event for a period in excess of one year,". (2) The amendment made by paragraph (1) of this subsection shall take effect with respect to conciliations commenced by the Secretary of Labor after the date of enactment of this Act. i

FEDERAL GOVERNMENT

92 STAT. 191

29 USC 626. .,

29 USC 255. Effective date, 29 USC 626 note.

EMPLOYMENT

SEC. 6. (a) Section 15(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a (a)) is amended by inserting "who'are at least 40 years of age" after "applicants for employment" and by inserting "personnel actions" after "except". (b)(1) Section 3322 of title 5, United States Code, relating to temporary appointments after age 70, is repealed. (2) The analysis for chapter 33 of title 5, United States Code, is amended by striking out the item relating to section 3322. (c) Section 8335 of title 5, United States Code, relating to mandatory separation, is amended— (1) by striking out subsections (a), (b), (c), (d), and (e) thereof; (2) by redesignating subsections (f) and (g) as subsections (a) and (b), respectively; and (3) by adding after subsection (b), as so redesignated, the following new subsections: " (c) An employee of the Alaska Railroad in Alaska and an employee who is a citizen of the United States employed on the Istbnnis of Panama by the Panama Canal Company or the Canal Zone Government, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama shall be automatically separated from the service. The separation is effective on the last day of the month in whicli the employee becomes age 62 or completes 15 years of service in Alaska or on the Isthmus of Panama if then over that age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires. "(d) The President, by Executive order, may exempt an employee from automatic separation under this section when he detennines the public interest so requires.". (d) Section 8339(d) of title 5, United States Code, relating to computation of annuity, is amended by striking out "section 8335(g) " and inserting in lieu thereof "section 8335(b)". (e) Section 15 of the Age Discrimination in Employment Act of

Repeal,

Mandatory separation.

Exemption by President .?