§ 21-3-205 — Compulsory retirement of certain employees

(a) (1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) 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 the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000). (2) In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made. (b) The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982.

Legislative History

Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 2.