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Posted

Participant is 60 and wants a participant loan for a primary residence to amortize over 30 years.

I believe denying the loan on the basis that it will never be paid back is age discrimination, however, I cannot find anything in writing.

Are there any limits regarding the latest maturity date allowable that are based on age?

Can anyone point to something official looking?

Thanks,

Austin Powers, CPA, QPA, ERPA

Posted

Look at The Age Discrimination in Employment Act of 1967 and the Older Workers Benefit Protection Act of 1990. Generally, OWBPA amended ADEA to prohibit employers from denying benefits to older employees. An employee over 40 years old in generally an older employee.

Do a google search for ADEA and OWBPA and you will find numerous articles on the issue.

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