Cal. Code Regs. Tit. 2, § 11084 - Retirement Practices
(a) Mandatory Retirement--Generally.
Generally, it is discrimination on the basis of age for a private employer to
discharge or force the retirement of an employee because such employee has
reached a certain chronological age over 40.
(b) Retirement Plans Generally. Generally,
any provision in a private employer's retirement plan, pension plan, collective
bargaining agreement or similar plan or agreement that requires mandatory
retirement of an employee over 40 years of age is unlawful.
(c) Mandatory Retirement Permitted. Mandatory
retirement of the following employees is not unlawful:
(1) Any employee who has attained 65 years of
age and who for the two year period immediately prior to retirement, was
employed in a bona fide executive or high policymaking position, providing that
at the time of mandatory retirement, the employee is entitled to receive an
immediate non-forfeitable annual retirement benefit from the current employer,
which equals a minimum of $27,000.00, and is either derived from one or a
combination of plans such as profitsharing, pension, savings, or deferred
compensation plans.
(2) Any
employee who has attained 70 years of age and is a physician employed by a
professional medical corporation, the articles or bylaws of which provide for
compulsory retirement.
Notes
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12941 and 12942, Government Code.
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