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Change in Maximum Entry-age Requirements for Veterans’ Preference Eligibles

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  • Change in Maximum Entry-age Requirements for Veterans’ Preference Eligibles

    (Not sure if this has been posted in the past)

    The following information is for any eligible veterans who have passed their 37th birthday and thought it was to late to get into a law enforcement position. If you are an eligible veteran, agencies now have to give you an age waiver. See below:



    In July 2, 2008, the Merit Systems Protection Board (Board) issued a final decision in Robert P. Isabella v. Department of State and Office of Personnel Management, 2008 M.S.P.B. 146, that affects preference eligibles who apply for federal positions having a maximum entry-age restriction. The Board decided that the agency’s failure to waive the maximum entry-age requirements for Mr. Isabella, a preference eligible veteran, violated his rights under the Veteran Employment Opportunities Act of 1998 (VEOA) because there was no demonstration that a maximum entry-age was essential to the performance of the position.

    Based on the Board’s decision in Isabella, qualified preference eligibles may now apply and be considered for vacancies regardless of whether they meet the maximum age requirements identified at 5 U.S.C. 3307. In order to determine whether it must waive a maximum entry-age requirement, an agency must first analyze the affected position to determine whether age is essential to the performance of the position. If the agency decides age is not essential to the position, then it must waive the maximum entry-age requirement for veterans’ preference eligible applicants. In instances where the maximum entry-age is waived, the corresponding mandatory retirement age for these individuals will also be higher because it will be reached after 20 years of Law Enforcement Officer (LEO) service for the entitlement to an immediate enhanced annuity.

    The same principles set forth above would apply to appointments to other types of positions for which the setting of maximum entry ages are authorized under 5 U.S.C. § 3307. These types of positions are: (1) firefighters, (2) air traffic controllers, (3) United States Park police, (4) nuclear materials couriers, and (5) customs and border patrol officers (subject to the Federal Employees Retirement System, 5 U.S.C. § 8401 et seq. only).

    Agencies are reminded that they are still required to apply suitability, occupational qualification standards, and medical qualification determinations when waiving the maximum entry-age requirements for preference eligible veterans.


  • #2
    "because there was no demonstration that a maximum entry-age was essential to the performance of the position."

    So this is a 12d (commonly known as 6c) job, and that's their verbiage above, it is only time before someone sues the government in some civil suit about max age entry job, and this comes up.

    Government can't reasonably say that enforcing a maximum age is essential to hiring people capable of doing the job, but then say 'well that's not true for this class of people', and have that same rule fairly apply to everyone else.
    UNITED STATES BORDER PATROL
    "90 years of tradition unhindered by progress!"


    honor first

    Comment


    • #3
      This is a good thing for me. I am almost 50 and am waiting for a start date for a 6c covered position. The question I have is will i be forced out at 57 or can I work longer?

      Comment


      • #4
        Originally posted by pissedoff View Post
        This is a good thing for me. I am almost 50 and am waiting for a start date for a 6c covered position. The question I have is will i be forced out at 57 or can I work longer?
        You will be allowed to get your 20 in for retirement. There may be some 50 year olds in good shape that can hang with 40 or even 30 year olds. The problem is 17 years down the road when you are 67. I would not want to be doing an LEO job at age 68 or 69.
        “Right now I'm having amnesia and déjà vu at the same time. I think I've forgotten this before.” - Steven Wright

        US Army MP (95B) 1992-1997
        DOJ Agent/ DHS Officer 1997 to Present

        Comment


        • #5
          Originally posted by pissedoff View Post
          (Not sure if this has been posted in the past)

          The following information is for any eligible veterans who have passed their 37th birthday and thought it was to late to get into a law enforcement position. If you are an eligible veteran, agencies now have to give you an age waiver. See below:



          In July 2, 2008, the Merit Systems Protection Board (Board) issued a final decision in Robert P. Isabella v. Department of State and Office of Personnel Management, 2008 M.S.P.B. 146, that affects preference eligibles who apply for federal positions having a maximum entry-age restriction. The Board decided that the agency’s failure to waive the maximum entry-age requirements for Mr. Isabella, a preference eligible veteran, violated his rights under the Veteran Employment Opportunities Act of 1998 (VEOA) because there was no demonstration that a maximum entry-age was essential to the performance of the position.

          Based on the Board’s decision in Isabella, qualified preference eligibles may now apply and be considered for vacancies regardless of whether they meet the maximum age requirements identified at 5 U.S.C. 3307. In order to determine whether it must waive a maximum entry-age requirement, an agency must first analyze the affected position to determine whether age is essential to the performance of the position. If the agency decides age is not essential to the position, then it must waive the maximum entry-age requirement for veterans’ preference eligible applicants. In instances where the maximum entry-age is waived, the corresponding mandatory retirement age for these individuals will also be higher because it will be reached after 20 years of Law Enforcement Officer (LEO) service for the entitlement to an immediate enhanced annuity.

          The same principles set forth above would apply to appointments to other types of positions for which the setting of maximum entry ages are authorized under 5 U.S.C. § 3307. These types of positions are: (1) firefighters, (2) air traffic controllers, (3) United States Park police, (4) nuclear materials couriers, and (5) customs and border patrol officers (subject to the Federal Employees Retirement System, 5 U.S.C. § 8401 et seq. only).

          Agencies are reminded that they are still required to apply suitability, occupational qualification standards, and medical qualification determinations when waiving the maximum entry-age requirements for preference eligible veterans.
          One of the perks of serving the country. People dont like it. Too bad.

          Comment


          • Exbpa340
            Exbpa340 commented
            Editing a comment
            I was referring to FNG41YR

          • battlewagon
            battlewagon commented
            Editing a comment
            Yeah edited my post right before you posted that. Can't remember if I told you in a post but put a memo on to try to lateral to DO from hsi. We shall see

          • Exbpa340
            Exbpa340 commented
            Editing a comment
            He’s a big glass is half empty kind of guy.. bad mouthing agencies he’s never worked in. Bad mouthing academies he’s never attended. Bad mouthing his current agency even though he’s a nugget but according to him he’s done it all. Super experienced.

          • Exbpa340
            Exbpa340 commented
            Editing a comment
            I can’t speak for other offices but my midsize office is down 5 with 3 more leaving in the next couple of months.

        • #6
          Originally posted by pissedoff View Post
          This is a good thing for me. I am almost 50 and am waiting for a start date for a 6c covered position. The question I have is will i be forced out at 57 or can I work longer?
          You will have to put in 20 if you want the 6c retirement multiplyer on your FERS defined benefit. If you quit before 20 the time you do put in will only count as regular FERS retirement.

          Comment

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