Maximum age question

[SigFan]

In the past, there have been numerous questions posted from "older" people looking to get into police work. I was an officer for awhile back in the 80s before I got into the non-sworn federal stuff I do now. I can take an early retirement in 8 more years and was thinking about getting back into some type of police work then, if I am still healthy, etc. So, any way, I started looking at depts and it seems there are quite a few that have maximum age limits. I know the fed LE is age restricted. Since age descrimination is illegal, how do police depts get away with it?
thanks

[L-1]

I can't find the specific citation at the moment, but there is an exemption in the Age Discrimination Act that allows law enforcement agencies to set maximum hiring ages and to mandate retirement at age 55 or higher.

This applies to local agencies as well, provided that their state has passed enabling legislation and that legislation does not violate the state's constitution.

[L-1]

Found It

Age Discrimination in Employment Act (ADEA)
PUBLIC SAFETY EXEMPTION

The federal Age Discrimination in Employment Act (ADEA) permanently exempts fire fighters, emergency medical personnel, and police officers from the federal ban on age limits and employment.

The new law authorizes state and local governments to establish mandatory
retirement ages of at least 55, as well as maximum hiring ages. It is also retroactive to January 1, 1994, to cover municipalities whose age limits became illegal when the ADEA took affect for public safety personnel.

Application of the ADEA to Public Safety Agencies

Any state or local government may have a maximum entry age limit for public safety officers.

Any state or local government that did not have a mandatory retirement age during the previous ADEA Public Safety Exemption (1986-93) may establish one—except that the retirement age may not be lower than 55 (which is the federal government’s mandatory retirement age for fire fighters).

Any state or local government that did have a mandatory retirement age during the previous exemption may continue to use that age limit—regardless of whether or not it is below age 55. If such a jurisdiction wants to change their retirement age, the new retirement age could not be lower than 55.

Effective Date

Provisions of the act affecting public safety agencies that utilized age limits during the previous exemption are effective retroactive to January 1, 1994. All other provisions are effective on the date of enactment.

Development of Wellness Guidelines and Job Performance Tests

As part of the legislation, Congress authorized the National Institute for Occupational Safety and Health (NIOSH) to address job fitness tests and fire department wellness/fitness programs.

• Two years after the date of enactment, NIOSH will issue guidelines on the use of wellness programs.

• Three years after the date of enactment, NIOSH will publish the results of a study into job performance fitness tests. The study will examine whether such tests are valid, safe and in full compliance with civil rights laws.

• Four years after the date of enactment, NIOSH will issue guidelines on the use of job performance fitness tests.

However, Congress never appropriated any funds to initiate and complete these programs and the time frames were never met.

Exception to the Exemption Test

As part of the legislation, Congress authorized the National Institute for Occupational Safety and Health (NIOSH) to identify a valid job performance test that individuals could use to seek exemption to the mandatory retirement age.

• Following publication of the guidelines on the use of job performance fitness tests, NIOSH shall identify one or more job performance fitness tests that meet the criteria described in their study.

• Following such NIOSH identification of valid, job performance tests, any public safety agency that wishes to utilize a mandatory retirement age must provide public safety officers who attain the retirement age the opportunity to demonstrate their fitness to continue performing their duties by passing the NIOSH-approved test. The test will be given on an annual basis to any
public safety officer above the mandatory retirement age.

Again, Congress never appropriated funds to address the job performance exemption issue. Therefore, tests have not been developed that would allow individuals to seek exemption to their jurisdiction’s mandatory retirement
age.

[FNA209]

Come to CT.
There are PDs that have no age limit.

[kcema-joe]

In Illinois (not that I really recommend it here) the PD's have a maximum hiring age of 35 (without previous experience), but the Sheriff's depts. have no max age. I think that is pretty much state wide.

[SWATcop]

In the past, there have been numerous questions posted from "older" people looking to get into police work. I was an officer for awhile back in the 80s before I got into the non-sworn federal stuff I do now. I can take an early retirement in 8 more years and was thinking about getting back into some type of police work then, if I am still healthy, etc. So, any way, I started looking at depts and it seems there are quite a few that have maximum age limits. I know the fed LE is age restricted. Since age descrimination is illegal, how do police depts get away with it?
thanks

Come to Florida - there is no maximum age limit that I know of. Depending on where you went to the academy (which state) and how long you have not been certified, you may be eligible to just take a two week "equivalency of training" course in lieu of the entire academy. Pass the state exam after that, and then you just have to find an agency to hire you.

[BigRich]

In the past, there have been numerous questions posted from "older" people looking to get into police work. I was an officer for awhile back in the 80s before I got into the non-sworn federal stuff I do now. I can take an early retirement in 8 more years and was thinking about getting back into some type of police work then, if I am still healthy, etc. So, any way, I started looking at depts and it seems there are quite a few that have maximum age limits. I know the fed LE is age restricted. Since age descrimination is illegal, how do police depts get away with it?
thanks

Far as I know, Florida is a "right to work" state, which basically means no age cap for PD's. I'M NOT FROM FLORIDA, SO DON'T TAKE THIS AS GOSPEL. I'm sure that one of our members from the hurricane state can say whether or not I'm correct about this.

Here in Oklahoma (we have trees), there is no state mandated age limit for PD's. It's entirely up to the agency. Most of the bigger ones (OHP, OKCPD, etc) do have age caps, however.

Maybe this helps you, maybe it doesn't. Either way, since it's my day off, it's time for another Corona. With lime and salt. And another pinch of Fresh Cope, because It Satisfies, Since 1822.