it must be a voluntary program
employees not targeted for layoff or otherwise threatened
vested benefits not threatened
make sure the offer is not aimed at older workers - do not condition it upon age, but rather upon tenure or other theoretically neutral criteria
any potential reduction in force should be based upon skill level, prior evaluations, willingness to accept new assignments or training, and other neutral, non-age-related criteria (i.e., try not to use seniority as a criterion that would give an older worker a higher chance of being laid off)
any employees accepting such an incentive should sign releases explaining their rights under federal law
give at least 21 days for employees to have a chance to consult their attorneys
employers must give employees 7 days to rescind their acceptance of an early retirement incentive