Reviews the only Supreme Court decision (Massachusetts Board of Retirement vs Murgia) on mandatory retirement, two conflicting federal appellate decisions on mandatory retirement for teachers, and Kentucky's statutory scheme in light of these cases. Available from Kentucky Law Journal, University of Kentucky, Lexington, Kentucky 40506; sc $3.50.…

The American Association of University Professors' Committee A on Academic Freedom and Tenure examines the implications for tenure of federal legislation forbidding mandatory retirement because of age. (MSE)

Despite their popularity, early retirement incentive programs (ERIPs) remain controversial. Although early retirement may be appealing to some teachers, others bristle at being shoved into retirement. Following a historical overview, this article summarizes recent state legislation and addresses ERIP legal status under the Age Discrimination in…

The first section of this policy paper provides an overview of the historical development of early retirement incentive programs (ERIPs), the legal status of ERIPs under the Age Discrimination in Employment Act (ADEA), cost/benefit analyses involving ERIPs, and consideration of ERIPs in Indiana. The second section contains a brief synopsis of…

In the late 1980s and early 1990s, the graying of America's college and university faculty coincided with new federal regulations that prohibited mandatory retirement. So in order to both encourage faculty retirements and assume better control of when positions would be vacated about half of all U.S. colleges and universities adopted various…

This publication presents a close examination of conceptual, legal and related issues surrounding the dismissal of tenured higher education faculty, under the fourth exception to the Age Discrimination in Employment Act (ADEA). This exception, which will expire on December 31, 1993, permits existing, compulsory retirement-age policies to be…

A survey was conducted of colleges and universities to determine the use of exemption for tenured faculty members and of decoupling measures permitted under Department of Labor regulations. The survey was a followup of an earlier study by the American Council on Education. The followup sample was composed of the 353 institutions in the original…

Economic underpinnings of retirement incentives and case law leading to the Older Workers Benefits Protection Act (1986) are reviewed; implications for early retirement incentives for college faculty are considered. It is concluded that congressional intent is not to foreclose such incentives and that the Age Discrimination in Employment Act…

Age and sex discrimination are addressed in two newsletter articles. In "Age Discrimination in Faculty Employment," Stuart H. Bompey reviews employment litigation issues and their impact on the collective bargaining process. The Age Discrimination in Employment Act (ADEA) stipulates that individuals may be mandatorily retired at age 70;…

Changes in higher education employee benefit plans brought about by the extension of the mandatory retirement age to 70 are the focus of the monograph. Chapter one summarizes the volume and presents some major recommendations that institutions may find helpful in benefit and personnel planning. Chapter two sketches the meaning of the new law (1978…

Retirement plans of older participants of the Teachers Insurance and Annuity Association College Retirement Equities Fund (TIAA-CREF) were surveyed. Questionnaires were mailed to a random sample of 2,260 participants aged 59-69, and 1,438 returns served as the base for data analysis. This group was 62 percent male and 38 percent female; 48 percent…

Intended as a handbook for school administrators and teachers and as a textbook for graduate and undergraduate level education courses, this book covers the current status of law affecting Indiana teachers as defined in statutes and interpreted by the courts. The first of nine chapters discusses the legal foundations of education in Indiana,…