---
kind: "section"
citation: "28 C.F.R. § 42.711"
title: "28"
number: "42.711"
heading: "Exception; authorized by law."
url: "https://uscodex.org/cfr/28/42.711"
---

# §42.711. Exception; authorized by law.

- (a) This subpart does not apply to an age distinction contained in a portion of a federal or state statute or a local statute or ordinance adopted by an elected, general-purpose legislative body which portion:
  - (1) Provides any benefits or assistance to persons on the basis of age;
  - (2) Establishes criteria for participation in age-related terms; or
  - (3) **Describes intended beneficiaries or target groups in age-related terms.**
- (b) The exception set forth in [paragraph (a)](#a) of this section does not extend to regulations adopted by an administrative agency pursuant to a specific statutory provision or otherwise.

## Notes

### Authority

Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.

### Source

Source: Order No. 1843-94, 59 FR 6560, Feb. 11, 1994, unless otherwise noted.