44-1118.Construction of act; applicability of act,exclusions.(a) The provisions of this act shall be construed liberally forthe accomplishment of its purposes.
(b) Nothing in this act shall be construed to be inconsistent with thenondiscrimination provisions under another provision of state or federal law.
(c) Nothing in this act shall be construed to mean that an employer shallbe forced to hire unqualified or incompetent personnel, or discharge qualifiedor competent personnel.
(d) Nothing in this act shall be construed to prohibitcompulsory retirement of any employee who has attained 65 years of age and who,for the two-year period immediately before retirement, is employed in a bonafide executive or a high policymaking position, if such employee isentitled to an immediate nonforfeitable annual retirement benefit from apension, profit-sharing, savings or deferred compensation plan, or anycombination of such plans, of the employer of such employee, which equals,in the aggregate, at least $44,000.
(e) Nothing in this act shall be construed to prohibit,before January 1, 1994, compulsory retirement of any employee who has attained70 years of age and who is serving under a contract of unlimitedtenure (or similar arrangement providing for unlimited tenure) at aninstitution of higher education.
History: L. 1983, ch. 164, § 8;L. 1988, ch. 174, § 3;L. 2008, ch. 105, § 5; July 1.
44-1118.Construction of act; applicability of act,exclusions.(a) The provisions of this act shall be construed liberally forthe accomplishment of its purposes.
(b) Nothing in this act shall be construed to be inconsistent with thenondiscrimination provisions under another provision of state or federal law.
(c) Nothing in this act shall be construed to mean that an employer shallbe forced to hire unqualified or incompetent personnel, or discharge qualifiedor competent personnel.
(d) Nothing in this act shall be construed to prohibitcompulsory retirement of any employee who has attained 65 years of age and who,for the two-year period immediately before retirement, is employed in a bonafide executive or a high policymaking position, if such employee isentitled to an immediate nonforfeitable annual retirement benefit from apension, profit-sharing, savings or deferred compensation plan, or anycombination of such plans, of the employer of such employee, which equals,in the aggregate, at least $44,000.
(e) Nothing in this act shall be construed to prohibit,before January 1, 1994, compulsory retirement of any employee who has attained70 years of age and who is serving under a contract of unlimitedtenure (or similar arrangement providing for unlimited tenure) at aninstitution of higher education.
History: L. 1983, ch. 164, § 8;L. 1988, ch. 174, § 3;L. 2008, ch. 105, § 5; July 1.
44-1118.Construction of act; applicability of act,exclusions.(a) The provisions of this act shall be construed liberally forthe accomplishment of its purposes.
(b) Nothing in this act shall be construed to be inconsistent with thenondiscrimination provisions under another provision of state or federal law.
(c) Nothing in this act shall be construed to mean that an employer shallbe forced to hire unqualified or incompetent personnel, or discharge qualifiedor competent personnel.
(d) Nothing in this act shall be construed to prohibitcompulsory retirement of any employee who has attained 65 years of age and who,for the two-year period immediately before retirement, is employed in a bonafide executive or a high policymaking position, if such employee isentitled to an immediate nonforfeitable annual retirement benefit from apension, profit-sharing, savings or deferred compensation plan, or anycombination of such plans, of the employer of such employee, which equals,in the aggregate, at least $44,000.
(e) Nothing in this act shall be construed to prohibit,before January 1, 1994, compulsory retirement of any employee who has attained70 years of age and who is serving under a contract of unlimitedtenure (or similar arrangement providing for unlimited tenure) at aninstitution of higher education.
History: L. 1983, ch. 164, § 8;L. 1988, ch. 174, § 3;L. 2008, ch. 105, § 5; July 1.
