Older Workers Benefit Protection Act
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations.
Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan.
Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA.
Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful.
Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan.
Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
Placed on the Union Calendar, Calendar No. 408.