29 C.F.R. Appendix A to Part 35—Age Distinctions in Statutes Affecting Financial Assistance Administered by DOL
Title 29 - Labor
Title 29: Labor
PART 35—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF LABOR
Subpart D—Investigation, Conciliation, and Enforcement Procedures
Appendix A to Part 35—Age Distinctions in Statutes Affecting Financial Assistance Administered by DOL
---------------------------------------------------------------------------------------------------------------- Section and age Program Statute distinction Regulation---------------------------------------------------------------------------------------------------------------- Employment and Training Administration----------------------------------------------------------------------------------------------------------------1. Senior Community Service Title V, Older Sec. 516(2) defines the 20 CFR part 641. Employment Program (SCSEP). Americans Act term ``eligible Amendments of 2000, individuals'' to mean Pub. L. 106-501, 42 ``an individual who is U.S.C.3056, 3056N. 55 years old or older, who has a low income * * *, except that, * * *, any such individual who is 60 years of older shall have priority * * *.2. Job Corps......................... Title I, Subtitle C, Sec. 144 of WIA (29 20 CFR 670.400. Workforce Investment U.S.C. 2884) Act of 1998 (WIA), establishes Pub. L. 105-220, 29 eligibility criteria U.S.C. 2881-2901. for the Job Corps program. These criteria require an enrollee to ``be_(1) not less than age 16 and not more than age 21 on the date of enrollment, except that_(A) not more than 20 percent of the individuals enrolled in the Job Corps may be not less than age 22 and not more than age 24 on the date of enrollment; and (B) either such maximum age limitation may be waived by the Secretary, * * * in the case of an individual with a disability.''3. Indian and Native American Title I, Workforce Sec. 166(d)(2)(A)(ii) 20 CFR 668.430. Supplemental Youth Services. Investment Act of 1998 of WIA (29 U.S.C. (WIA), Pub. L. 105- 2911(d)(2)(A)(ii)) 220, 29 U.S.C. 2911. states that funds made available under the program shall be used for ``supplemental services for Indian or Native Hawaiian youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii.'' Sec. 101(13) of WIA (29 U.S.C. 2801(13)) defines an eligible youth as an individual who ``is not less than age 14 and not more than age 21 * * *''.4. Migrant and Seasonal Farmworker Title I, Workforce Sec. 167 of WIA (29 20 CFR 669.670. (MSFW) Youth Program. Investment Act of 1998 U.S.C. 2912) outlines (WIA), Pub. L. 105- the MSFW program. WIA 220, 29 U.S.C. 2912. Sec. 127(b)(1)(A)(iii) authorizes the MSFW Youth Program. That provision states that, ``the Secretary shall make available 4 percent of such portion to provide youth activities under sec. 167.'' Sec. 101(13) of WIA (29 U.S.C. 2801(13)) defines an eligible youth as an individual who ``is not less than age 14 and not more than age 21; * * *''.5. Responsible Reintegration of Young Title I, Workforce (a) Sec. 171(b)(1) of 20 CFR 667.220. Offenders (Youth Offender Investment Act of 1998 WIA (29 U.S.C. Demonstration Project). (WIA), Pub. L. 105- 2916(b)(1)) states 220, 29 U.S.C. 2916; that the ``Secretary Departments Of Labor, shall, through grants Health And Human or contracts, carry Services, And out demonstration and Education, And Related pilot projects for the Agencies Appropriation purpose of developing Bill, 2003. and implementing techniques and approaches, and demonstrating the effectiveness of specialized methods, in addressing employment and training needs. Such projects shall include the provision of direct services to individuals to enhance employment opportunities and an evaluation component * * *.'' The Responsible Reintegration of Young Offenders program was established in FY 2001 by DOL, in collaboration with the Departments of Health and Human Services and Justice, pursuant to this authority. (b) Senate Report 107- 84 on bill S. 1536 (Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation for FY 2002) noted that the Responsible Reintegration of Young Offenders initiative would ``link offenders under age 35 with essential services that can help make the difference in their choices in the future * * *'' (p. 25). DOL has determined, based upon the reentry needs of states and local communities, to provide services to a 14-24 year-old subset within this age limit. See 66 FR 30754, 30755 (June 7, 2001).6. WIA Youth Activities.............. Title I, Workforce WIA Sec. 129 (29 U.S.C. 20 CFR 664.200. Investment Act of 1998 2854) provides the (WIA), Pub. L. 105- standards for WIA- 220, 29 U.S.C. § financially assisted 2854. services to eligible youth. Eligible youth is defined in Sec. 101(13) as an individual who ``is not less than age 14 and not more than age 21; * * *''.7. Work Opportunity Tax Credits Small Business Job WOTC is intended to None. (WOTCs). Protection Act of assist individuals 1996, Pub. L. 104-188, from groups with 26 U.S.C. 51. consistently high unemployment rates by providing tax credits to their employers. Sec. 1201(b) of the Act (26 U.S.C. 51(d)) defines the targeted groups, including high- risk youth (26 U.S.C. 51(d)(1)(D)), qualified summer youth employee (26 U.S.C. 51(d)(1)(F)), and qualified food stamp recipient (26 U.S.C. 51(d)(1)(G)). The definitions of ``high- risk youth'' and ``qualified food stamp recipient'' include a requirement that the individual have ``attained age 18 but not age 25 on the hiring date.'' 26 U.S.C. 51(d)(5)(A)(i), 51(d)(8)(A)(i). The definition of ``qualified summer youth employee'' includes a requirement that the individual have ``attained age 16 but not 18 on the hiring date (or if later, on May 1 of the calendar year involved).'' 26 U.S.C. 51(d)(2)(7)(A)(ii).8. Youth Opportunity Grants.......... Title I, Workforce Sec. 169 provides that 20 CFR 664.820. Investment Act of 1998 ``the Secretary shall (WIA), Pub. L. 105- make grants to 220, 29 U.S.C. 2914. eligible local boards and eligible entities * * * to provide activities * * * for youth to increase the long-term employment of youth who live in empowerment zones, enterprise communities, and high poverty areas and who seek assistance.'' It defines ``youth'' as ``an individual who is not less than age 14 and not more than age 21.''9. Youth Apprenticeship Program...... 29 U.S.C. 50........... Sec. 1 of the National 29 CFR 29.2, Apprenticeship Act of 29.5(b)(10). 1937 authorizes and directs the Secretary of Labor to promote the labor standards necessary to safeguard the welfare of apprentices, encourage contracts of apprenticeship, and bring employers and labor together to form apprenticeships. An apprentice is defined in 29 CFR 29.2 of the Act's implementing regulations as ``a worker at least 16 years of age, * * *, who is employed to learn a skilled trade * * * under standards of apprenticeship * * *''. The regulations also require that the ``eligible starting age'' of an apprenticeship program be ``not less than 16 years.''10. Trade Adjustment Assistance...... Trade Adjustment Sec. 246 of the Act 20 CFR part 617; see Assistance Reform Act requires the Secretary also TAA Training and of 2002 (Pub. L. 107- of Labor to establish Employment Guidance 210), 19 U.S.C. 2318. a demonstration Letter, 67 FR 69029 project for (Nov. 14, 2002). alternative trade adjustment assistance (ATAA) for workers age 50 or older. Under this demonstration project, workers petitioning for certification under the Trade Adjustment Assistance (TAA) program may request certification under the ATAA program as well. Certification will be granted if a number of conditions are met, including that a significant number of workers in the affected firm are 50 or over. Once the worker group is certified, individual workers may choose the program they prefer. Additional qualifications for individual workers include an age at least 50.---------------------------------------------------------------------------------------------------------------- Employment Standards Administration----------------------------------------------------------------------------------------------------------------11. Defense Base..................... Defense Base Act, Pub. The Defense Base Act 20 CFR part 702. L. 77-208, Act of Aug. (DBA) extends the 16, 1941, ch. 357, 55 provisions of the Stat. 623, 42 U.S.C. Longshore and Harbor 1651-1654. Workers' Compensation Act, 33 U.S.C. 901- 950, ``except as modified'' in the DBA to certain persons employed at military bases outside the continental United States. DBA sec. 2(b), 42 U.S.C. 1652(b), provides that compensation for disability or death to aliens and non- nationals of the United States who are not residents of the United States or Canada under the Defense Base Act is in the same amount as residents, ``except that dependents in any foreign country shall be limited to surviving wife and child or children.'' The DBA does not modify the LHWCA's definition of a child and the latter is defined as a person who is under 18 years of age, or who though 18 years of age or over, is wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or is a student.12. Energy Employees Occupational Energy Employees (a) The Energy 20 CFR 30.5(ee). Illness Compensation Program. Occupational Illness Employees Occupational Compensation Program Illness Compensation Act, Pub. L. 106-398, Program Act (EEOICPA) Title XXXVI, October provides compensation 30, 2000, 114 Stat. and medical benefits 1654 42 U.S.C. 7384 et to nuclear weapons seq. industry employees or their eligible survivors who have covered illnesses related to exposure to beryllium, cancers related to exposure to radiation, and chronic silicosis. Some uranium employees or their eligible survivors are also eligible for compensation under the Act. Sec. 3628(e) of EEOICPA, 42 U.S.C. 7384s(e)(1)(F)(ii), as amended by Sec. 3151 of Pub. L. 107-107, the National Defense Authorization Act for Fiscal Year 2002, relating to claims for radiogenic cancer, beryllium illnesses, or silicosis, provides that notwithstanding other provisions pertaining to payments in the case of deceased persons, if there is a surviving spouse and ``at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.'' (b) Sec. 3630(e) of EEOICPA, 42 U.S.C. 7384u(e)(1)(F)(ii), as amended by Sec. 3151 of Pub. L. 107-107, the National Defense Authorization Act for Fiscal Year 2002, relating to claims by uranium employees contains a provision identical to that described above in Sec. 3628(e).13. Federal Employees' Compensation.. Federal Employees' (a) Sec. 8101(8), 5 20 CFR 10.405, 10.410, Compensation Act, Act U.S.C. 8108(8), 10.413-.417, 10.535- of Sept. 7, 1916, ch. defines ``brother'' .537, 25.101 and 458, 39 Stat. 742 5 and ``sister'' as 25.202. U.S.C. 8101-8151. meaning ``one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self- support.'' (b) Sec. 8101(9), 5 ....................... U.S.C. 8108(9), defines ``child'' as ``one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children.'' (c) Sec. 8101(10), 5 ....................... U.S.C. 8108(10), defines ``grandchild'' as ``one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self- support.'' (d) Sec. 8101(17), 5 ....................... U.S.C. 8108(17), defines ``student'' as ``an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training''. (e) Sec. 8109, 5 U.S.C. ....................... 8109, sets forth the order of precedence for payments of scheduled awards unpaid at the time of the employee's death from a cause other than the employment- related injury. It establishes the order as, ``if no child, to the widow or widower, if there are both a widow or widower and a child or children, one- half to the widow or widower and one-half to the child or children, [and] if there is no widow or widower, to the child or children.'' (f) Sec. 8110(a), 5 ....................... U.S.C. 8110(a)(3), defines ``dependent'' for purposes of determining eligibility for augmented compensation for dependents as including ``an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is (A) under 18 years of age; or (B) over 18 years of age and incapable of self-support because of physical or mental disability.'' Notwithstanding paragraph (3), compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 * * * at the time he reaches 18 years of age for so long as he continues to be a student or until he marries.'' (g) Sec. 8113(a), 5 ....................... U.S.C. 8113(a), permits the Secretary, after the time the wage-earning capacity of the individual would probably have increased but for the injury, to recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity, ``if an individual (a) was a minor or employed in a learner's capacity at the time of injury and (b) was not physically or mentally handicapped before the injury.'' (h) Sec. 8115(a)(4), 5 U.S.C. 8115(a)(4), states that the age of an employee is one factor that shall be used in determining his wage-earning capacity for purposes of eligibility for partial disability compensation when the actual earnings of the employee do not fairly and reasonably represent his wage- earning capacity or the employee has no actual earnings. (i) Sec. 8122(d)(1), 5 U.S.C. 8122(d)(1), provides that the time limitations for making a claim under FECA do not begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed. (j) Sec. 8133(a), 5 ....................... U.S.C. 8133(a), provides for compensation if death results from an injury sustained in the performance of duty and makes such compensation payable in accordance with a schedule that makes numerous references to children and grandchildren. (k) Sec. 8133(b)(1), 5 ....................... U.S.C. 8133(b)(1), provides that the compensation payable for death under subsection (a) terminates for a widow or widower if they die or remarry before reaching age 55. (l) Sec. 8133(b)(2), 5 U.S.C. 8133(b)(2), provides that the compensation payable for death under subsection (a) terminates for a child, a brother, a sister, or a grandchild when they die, marry, or become 18 years of age, or if over age 18 and incapable of self- support becomes capable of self- support but such compensation that would otherwise end because they reached 18 years of age shall continue if they are a student at the time they reach 18 years of age for as long as they continue to be a student or until they marry. (m) Sec. 8135(b), 5 U.S.C. 8135(b), provides that if a widow or widower entitled to death benefits remarries before reaching age 55, they shall be paid a lump sum equal to twenty-four times the monthly compensation to which they were entitled immediately before the remarriage. (n) Sec. 8141(a), 5 U.S.C. 8141(a), Civil Air Patrol Cadets under 18 years of age are not covered by FECA. (o) Sec. 8141(b)(2), 5 U.S.C. 8141(b)(2), volunteer civilian members of the Civil Air Patrol, other than Civil Air Patrol Cadets under 18 years of age, are entitled to death benefits under sec. 8133 but only receive certain specified percentages of those benefits with no additional payments for a child or children in certain circumstances.14. Longshore and Harbor Workers' Longshore and Harbor (a) The Longshore and 20 CFR 702.142(a) and Compensation. Workers' Compensation Harbor Workers' 702.222(a). Act, Act of March 4, Compensation Act 1927, ch. 509, 44 (LHWCA) provides Stat. 1424 33 U.S.C. workers' compensation 901-950. for maritime employees. Sec. 2(14), 33 U.S.C. 902(14), defines a child and provides that a child, grandchild, brother or sister to include only a person who is under 18 years of age, or who though 18 years of age or over, is wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or is a student. (b) Sec. 2(18), 33 U.S.C. 902(18), defines a student as a person regularly pursuing a full-time course of study or training at certain specified institutions but not after he reaches the age of 23 or has completed 4 years of education beyond the high school level, except that, where his 23rd birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child is deemed not a student during a period of service in the Armed Forces of the United States. A child is not deemed to have ceased to be a student during any interim between school years if certain conditions are met. (c) Sec. 8(d)(1), 33 U.S.C. 908(d)(1), provides a scheme of distribution for payment of unpaid scheduled permanent partial disability benefits when an employee who is receiving such benefits dies from causes other than the injury. The distribution contains numerous references to child or children. (d) Sec. 9(b)-(d), 33 U.S.C. 909(b)-(d), provide for the payment of death benefits and the amount of such payments varies in part according to whether the deceased employee has a child or children. (e) Sec. 9(g), 33 U.S.C. 909(g), provides that compensation for aliens who are not residents (or about to become residents) of the United States or Canada is the same as for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported. (f) Sec. 10(e), 33 U.S.C. 910(e), provides that in determining the average weekly wages of an employee who is injured when a minor, the fact can be considered that under normal conditions his wages should be expected to increase during the period of disability. (g) Sec. 11, 33 U.S.C. 911, permits the district director to require the appointment of a guardian or other representative for a minor or any person who is mentally incompetent to receive compensation payable to the minor or incompetent and to exercise the powers granted to or to perform the duties required of them under the LHWCA. (h) Sec. 13(c), 33 U.S.C. 913(c), establishes the time requirement for filing a claim. The usual one year time limit is not applicable if the person entitled to compensation is mentally incompetent or a minor and such person has no guardian or other authorized representative. This freeze ends for a minor when a guardian is appointed or when he becomes of age.15. War Hazards Compensation......... War Hazards The War Hazards 20 CFR 61.203. Compensation Act, Act Compensation Act of Dec. 2, 1942, ch. provides that certain 668, Title I, 56 Stat. provisions of the FECA 1028 42 U.S.C. 1701- and the LHWCA apply to 1717. certain persons employed by government contractors outside the continental United States who sustain an injury proximately caused by a war risk hazard. Sec. 101(c), 42 U.S.C. 1701(c), provides that compensation for disability or death to aliens and non- nationals of the United States who are not residents of the United States or Canada under the Act is in the same amount as residents, ``except that dependents in any foreign country shall be limited to surviving wife or husband and child or children.''16. Child Labor Restrictions......... Walsh-Healey Public The Act contains child 41 CFR part 50-201. Contracts Act, 41 labor restrictions for U.S.C. 35 et seq., government manufacturing and supply contracts.17. Child Labor Restrictions......... Fair Labor Standards The Act contains child 29 CFR part 570. Act, 29 U.S.C. 201 et labor restrictions seq., applicable to almost all employers receiving Federal financial assistance.18. Black Lung Benefits.............. Black Lung Benefits (a) 30 U.S.C. 902(a), 20 CFR part 725, Act, 30 U.S.C. 901-945. BLBA definition of subpart B. ``dependent'': refers to sec. 902(g), definition of ``child''. (b) 30 U.S.C. 902(g), BLBA definition of ``child'': defines a child or step-child as an individual who is under 18 years of age; defines a child who is a ``student'' by cross- reference to 42 U.S.C. 402(d)(7) (age 19) and 5 U.S.C. 8101(17) (age 23); and defines a disabled child as one whose disability began before the age specified in 42 U.S.C. 402(d) (age 22). 30 U.S.C. 922(a)(5)(1)(A), BLBA criteria for entitlement for a minor's ``brother'' using same criteria applicable to ``child''.19. Black Lung Benefits.............. Black Lung Benefits This sec. defines who 20 CFR 725.301. Act, 30 U.S.C. 901-945. may file a benefits claim. Persons aged 18 or older may file claims on their own behalf, while persons under age 18 generally must rely on an authorized individual to file the claim (with a limited exception for certain persons between 16 and 18 years of age).----------------------------------------------------------------------------------------------------------------
