Pilots’ Retirement Age Kept at 65

The retirement age for pilots was kept at 65 years old by the Federal Aviation Administration (FAA) Reauthorization Act, signed into law by President Joe Biden on May 16. Unions had fought attempts to raise the retirement age to 67. We’ve gathered articles on the news from SHRM Online and other outlets.

A Year’s Work

Biden’s enactment of the sweeping aviation legislation culminates more than a year of lawmakers working on the measure. A coalition of unions, led by the Air Line Pilots Association, staved off a bipartisan provision endorsed by some pilots and regional airlines seeking to expand the pool of available pilots by raising the retirement cutoff to 67 from 65. The union’s stance put it at odds with older pilots who are suing the union over what they say has been targeted age discrimination.

(Bloomberg Government)

Opposition and Support for Raising the Retirement Age

The unions opposed a raised retirement age, arguing it would have wrought havoc by creating uncertainty over settled collective bargaining agreements and increasing safety concerns. Pilots pushing for the higher retirement age refuted the union’s arguments that it would cause contract issues or that flying another two years would impact safety, and they said they will continue to seek legislative solutions.

(Bloomberg)

International Considerations

The FAA told Congress not to raise the retirement age until it can study the issue. Raising the retirement age would put the U.S. out of step with other countries, and U.S. pilots over 64 would not be allowed to work on international flights. The Air Line Pilots Association opposed raising the age limit, saying it would not increase the pool of pilots.

The Regional Airline Association supported raising the retirement age. The association is a trade group for smaller airlines, which have faced shortages of crews and have been forced to raise pay to attract pilots.

(AP)

Mandatory Retirement Usually Prohibited

Companywide mandatory retirement age policies violate the Age Discrimination in Employment Act (ADEA), except in limited circumstances. The ADEA, which applies to organizations with 20 or more employees, protects employees ages 40 and older from discrimination based on their age. Prior to 1986, the age discrimination law did not protect employees over the age of 70 in the workplace, but due to the 1986 amendment to the act, the age cap was removed. As a result, all employees over 40 years old generally are covered by the ADEA. Since this change, companies are no longer able to enforce a mandatory retirement age for all employees. However, a federal law enacted in 2007 raised the age limit for pilots flying U.S. commercial jets from 60 to 65.

(HR Magazine and Bloomberg)