PERAC Memo #34 - 1998: Mandatory Retirement at Age 65 for Police Officers, Firefighters and Other Public Safety Personnel

Mandatory Retirement at Age 65 for Police Officers, Firefighters and Other Public Safety Personnel

Summary

PERAC Memo #34/1998 clarifies that the federal Gately ruling striking down mandatory retirement at age 55 for State Police Officers under the ADEA applies only to State Police and does not affect the separate mandatory retirement age of 65 for local police officers, firefighters, and other public safety personnel covered under Chapter 415 of the Acts of 1987. Retirement boards must continue enforcing mandatory retirement at age 65 for these public safety members, as this provision remains valid state law and has not been invalidated by any binding judgment. No change in board procedures is required beyond continued compliance with existing law.

Full Text

PERAC MEMO # 34/1998 M E M O R A N D U M TO: All Retirement Boards FROM: Robert F. Stalnaker, Executive Director RE: Mandatory Retirement at Age 65 for Police Officers, Firefighters and Other Public Safety Personnel DATE: July 31, 1998 A Federal Court Judge recently ruled that mandatory retirement at age 55 for State Police Officers violates the Age Discrimination in Employment Act (ADEA). This case, Gately, et al. v. Commonwealth of Massachusetts, et al ., United States District Court C.A. No. 92-13018-MA, deals only with State Police Officers and has no impact on the requirement that certain public safety personnel are required to retire at age 65. As noted in our Memorandum dated December 9, 1993, the provisions of G.L. c. 32, that mandate retirement at age 65 for police officers, firefighters and others mentioned in Chapter 415 of The Acts of 1987 have not been found to violate the provisions of the ADEA. In the absence of a binding judgment dealing with this specific section of the retirement law, the retirement boards must abide by the duly enacted and binding state law that governs their operations. Police officers, firefighters and the other public safety personnel listed in Chapter 415 of The Acts of 1987 continue to be required to retire upon attaining age 65. If you have questions, please contact this office.