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Change in Federal Job Age Limit?

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  • justdoitking
    replied
    Veterans Rights

    Originally posted by kc12 View Post
    If you follow the guidance given for appeal for violation of veterans preference on OPM's website, you could also be in the same boat as the other people who have filed suit (holding a job in federal LE). They also were allowed to have their legal fees reimbursed. I would save the e-mail from the Ice Outreach Manager, it could be used against the agency. Just because he is a vet does not mean he is completely up to date on all of the MSPB's rulings or that he is in a position to change the agency's policy. He might know the rulings, but if the agency says no one over 36 there is nothing he can do about it.

    The is another thread on here about expanding vets preferance with regards to age. It has many links and/or quotes of the law and the MSPB's ruling with regards to the age issue and vets.
    You may want to contact someone at DOl to dicuss these type of matters as you only have 60 days if you are seriously going to do something about it. Every state has reps and DC has them as well.

    http://www.dol.gov/vets/aboutvets/contacts/main.htm

    Leave a comment:


  • kc12
    replied
    Originally posted by Chrissw View Post
    I never have seen the info under block B just the wordage for A. I have recently recieved an email from the ICE Veterans outreach manager who is a retired Army Senior NCO who says. Sorry for Criminal Investigator LE positions Age 37 is the cutoff no waivers all other positions are ok. So I dont know I will be 38 when I retire next year its all really muddled.
    If you follow the guidance given for appeal for violation of veterans preference on OPM's website, you could also be in the same boat as the other people who have filed suit (holding a job in federal LE). They also were allowed to have their legal fees reimbursed. I would save the e-mail from the Ice Outreach Manager, it could be used against the agency. Just because he is a vet does not mean he is completely up to date on all of the MSPB's rulings or that he is in a position to change the agency's policy. He might know the rulings, but if the agency says no one over 36 there is nothing he can do about it.

    The is another thread on here about expanding vets preferance with regards to age. It has many links and/or quotes of the law and the MSPB's ruling with regards to the age issue and vets.

    Leave a comment:


  • vader
    replied
    It looks like only the OIG departments are abiding by the ruling at this time, but I was still surprised to see that posted on any of the vacancies as well. It may turn out to be a good thing for veterans.

    Leave a comment:


  • Chrissw
    replied
    Originally posted by vader View Post
    Here is another paste from an 1811 position on USAJOBS:

    OTHER INFORMATION:
    Top
    • Individuals selected for Criminal Investigator positions are covered under special law enforcement provisions. This requires that applicants not exceed the maximum age for entry. The date immediately preceding an applicant's 37th birthday is the final date for selection. The age restriction does not apply, providing the appropriate documentation is submitted, if:

    A. You served in a Federal civilian (not military) law enforcement officer (FLEO) position covered by special civil service retirement provisions, including early or mandatory retirement, and after subtracting these covered time periods (years/months) of prior Federal service worked in a primary law enforcement position, you are less than 37 years of age. The maximum entry age limit was established in accordance with 5 U.S.C. § 3307 and does not violate age discrimination laws. The intent of the maximum age limitation is to ensure that a Federal law enforcement officer will have the opportunity to work 20 years and therefore be eligible to retire at 57, when mandatory retirement applies to Federal law enforcement officers.

    OR

    B. You are a preference-eligible veteran.
    I never have seen the info under block B just the wordage for A. I have recently recieved an email from the ICE Veterans outreach manager who is a retired Army Senior NCO who says. Sorry for Criminal Investigator LE positions Age 37 is the cutoff no waivers all other positions are ok. So I dont know I will be 38 when I retire next year its all really muddled.

    Leave a comment:


  • kc12
    replied
    Outstanding!

    Leave a comment:


  • vader
    replied
    Criminal Investigator 1811 Veterans Affairs OIG in Seattle

    Here is another paste from an 1811 position on USAJOBS:

    OTHER INFORMATION:
    Top
    • Individuals selected for Criminal Investigator positions are covered under special law enforcement provisions. This requires that applicants not exceed the maximum age for entry. The date immediately preceding an applicant's 37th birthday is the final date for selection. The age restriction does not apply, providing the appropriate documentation is submitted, if:

    A. You served in a Federal civilian (not military) law enforcement officer (FLEO) position covered by special civil service retirement provisions, including early or mandatory retirement, and after subtracting these covered time periods (years/months) of prior Federal service worked in a primary law enforcement position, you are less than 37 years of age. The maximum entry age limit was established in accordance with 5 U.S.C. § 3307 and does not violate age discrimination laws. The intent of the maximum age limitation is to ensure that a Federal law enforcement officer will have the opportunity to work 20 years and therefore be eligible to retire at 57, when mandatory retirement applies to Federal law enforcement officers.

    OR

    B. You are a preference-eligible veteran.

    Leave a comment:


  • vader
    replied
    Criminal Investigator with DHS OIG posted 1/5/09

    Here is a direct paste from one of several status announcements on USAJOBS for Criminal Investigator 1811 with DHS OIG in a few different locations:

    The date immediately preceding an individual's 37th birthday is the maximum entry age for original appointment to a position within the OIG as a law enforcement officer. This requirement does not apply to preference-eligible veterans.

    Leave a comment:


  • GreenLine
    replied
    I think the kicker is that the PL only "allows" the imposition of a waiver; it doesn't mandate it or otherwise force the agency to grant it, so it's still up to the agency.

    If I'm not mistaken, until the last 10 years or so, most agencies didn't even realize they COULD grant waivers on a large scale, thinking it was only for certain cases here and there. Seems like they're just now starting to do it on a large scale.

    Leave a comment:


  • spookysco
    replied
    Seems fairly simple:

    "Provisions of Public Law 93-950 and 100-238 allow the imposition of a maximum age for initial appointment to a law enforcement position covered by Title 5 U.S.C. 8336(c) or Title 5 U.S.C. 8412(d) with the federal government. The date immediately preceding an applicant`s 40th birthday is the final date for selection."

    Leave a comment:


  • manstown
    replied
    Its still up to the agency on whether or not they will grant the waiver. They culd just as well push any applicant by the way side for any reason because of the number of applicants they'll have. If someone over 37, not in a 6c covered position, wants to apply they can. Vets or not. But it ultimately is up to the agency to hire or not. More times than not, regardless of age they will stick with the under 37 requirement. Going through the process to get a waiver is just an added step that they may not want to deal with. BP, IEA's, and FAMS all raised the age requirement because they were in need to hire a lot of people. Case laws may be coming about, but things like this happen all the time but the G still has their way of avoiding the issue or getting around it. If they don't want to hire someone over 37, they can find a way to justify to go to the piles and piles of applicants that are under 37.

    Leave a comment:


  • justdoitking
    replied
    Age Waiver

    Originally posted by ICE Offcr View Post
    the patrol did this age change a few yrs back due to recruitment needs, we ICE/DRO just recently did it also.

    Keep in mind as someone mentioned if you get one of these jobs you are stuck to a agency that allows this age waiver, and most do not have age waivers only a very few.

    BP in CBP does it but I don't believe the OFO side does.
    DRO in ICE does but the OI side does not.
    5 C.F.R authorizes the agency at the moment to waiver the age of 37 to 40 based on certain criteria. For veterans Age Waivers see the following forum;
    http://forums.officer.com/forums/showthread.php?t=95774

    I think as the recent decisions it gets tested we will see under the new administration veterans rights increasing.

    Leave a comment:


  • ICE Offcr
    replied
    the patrol did this age change a few yrs back due to recruitment needs, we ICE/DRO just recently did it also.

    Keep in mind as someone mentioned if you get one of these jobs you are stuck to a agency that allows this age waiver, and most do not have age waivers only a very few.

    BP in CBP does it but I don't believe the OFO side does.
    DRO in ICE does but the OI side does not.

    Leave a comment:


  • emerlad
    replied
    In 14 years here in Mass. I have been applying to fed for all this time.
    Only gig I hit was BOP, toke it and then left for the State again as the job in BOP is not that great.
    I will age out in about 1 year, hard as hell to get a job here in massachusetts area for the feds....
    Got to leave the area to try and come back which can be very difficult to come back to, everyone wants to live here. For DEA and FBI massachusetts is the #1 requested tranfer spot.
    Some of us try for 14 years......
    Bad timing for me...

    Leave a comment:


  • DSS Hopeful
    replied
    Maybe they will appeal maybe they won't. I know I just went through the interview process and got my conditional offer of employment with DSS for 1811. I am 42.

    Leave a comment:


  • SA13
    replied
    As far as the "waiver" for preference eligible vets, it's likely that this is far from a done deal: http://www.roa.org/site/PageServer?p...w_review_0761a

    "It is likely that DOS and OPM will appeal to the United States Court of Appeals for the Federal Circuit."

    Leave a comment:

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