Mandatory Retirement - Fire Department

RETIREMENT

Overview:

Demographics show that more employees will be leaving the city workforce to retire than for any other reason over the next couple of decades. This section addresses those things that should be considered when an employee is preparing to retire from employment with the city.

A. Mandatory Retirement

MN Department of Labor and Industry MN OSHA Division

In regards to "firefighters" MN OSHA has §1910.156 Fire brigades. This law addresses interior structure firefighters. This law does not specify a mandatory age for retirement from interior structure firefighting but it does require in Sub (2) Personnel that employer shall assure that interior structure firefighters are physically capable of performing duties assigned.

(2) Personnel. The employer shall assure that employees who are expected to do interior structural fire fighting are physically capable of performing duties which may be assigned to them during emergencies. The employer shall not permit employees with known heart disease, epilepsy, or emphysema, to participate in fire brigade emergency activities unless a physician's certificate of the employees' fitness to participate in such activities is provided. For employees assigned to fire brigades before September 15, 1980, this paragraph is effective on September 15, 1990. For employees assigned to fire brigades on or after September 15, 1980, this paragraph is effective December 15, 1980.

Minnesota Statutes 181.81

181.81 Dismissal for age; prohibition; exceptions; remedies.

Subdivision 1. Restriction on mandatory retirement age. (a) It is unlawful for any private sector employer to refuse to hire or employ, or to discharge, dismiss, reduce in grade or position, or demote any individual on the grounds that the individual has reached an age of less than 70, except in cases where federal statutes or rules or other state statutes, not including special laws compel or specifically authorize such action. More info

Minnesota Statutes 363A.20, Subdivision 9
Minnesota Statutes 423.076
Age Discrimination in Employment Act, 29 U.S.C. 621 to 634.
Firefighters, first class cities, 423.075

General Comments

Although Minnesota law seems to permit cities to establish mandatory retirement ages for employees who are 70 years of age or older, federal law, in general, prohibits cities from establishing mandatory retirement ages for most types of employees.

Federal law does permit public employers to establish mandatory retirement ages for police and fire personnel. This federal public safety exemption states that:

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 public safety exemption during 1986-1993, may establish one (except the retirement age may not be lower than 55, which is the federal government’s mandatory retirement age for firefighters).
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 the age limit is below age 55. If such a jurisdiction wants to change the retirement age, the new retirement age cannot be lower than 55.

Provisions of the Act affecting public safety agencies that used age limits during the previous exemption are effective retroactive to Jan. 1, 1994. All other provisions are effective on the date of enactment. Minnesota laws continue to be ambiguous regarding a mandatory retirement age for police or firefighters. The League encourages cities to seek legal advice prior to taking any action regarding mandatory retirement ages.

B. Minnesota Public Employees Retirement Association (PERA)

Public Employees Retirement Association of Minnesota
http://www.mnpera.org/

The Minnesota Legislature created the Minnesota Public Employees Retirement Association (PERA) in 1931. PERA administers four different retirement plans that provide retirement, survivor, and disability benefits for city and county employees and non-teaching employees of the schools. PERA also provides a defined contribution plan for about 4,500 government officials, ambulance personnel, and physicians working in the public sector.

Cities and city employees with questions about PERA are encouraged to access one of the many information resources available through PERA. Contact PERA at: PERA, 60 Empire Drive, Saint Paul, MN 55103. Phone: (800) 652-9026 or (651) 296-7460.

Information in this section provides a broad overview of the plans available through PERA and the circumstances under which a city employee would be required to participate. The PERA plans available include:

Basic Plan. This plan includes members who are not subject to Social Security. It is no longer open to new membership. Some cities, however, may have employees who participate in this plan.
Coordinated Plan. This plan includes members who are subject to Social Security rules. The majority of city employees participate in this plan.
Police and Fire Plan. This plan is not subject to Social Security rules. It is made up of police officers and firefighters.
Correctional Plan. Effective July 1, 1999, correctional officers new to PERA coverage and those formerly members of the PERA Coordinated or Police & Fire Plan, became members of the PERA Correctional Plan.
Defined Contribution Plan. Qualified elected officials, volunteer ambulance personnel, and governmental physicians may participate in this plan. (More information about this plan is available from PERA.)

Minnesota Statutes 353.01

Membership in PERA is automatic for non-elected public employees who meet the eligibility requirements established by state statute. In other words, employees and employers are required to participate. Both the employee and the city contribute to PERA.

The plans listed above differ from one another, so it is important that cities and employees consult the various PERA resources when questions arise. PERA has a comprehensive and useful handbook for each of the four plans. Representatives from PERA are available to answer employer and employee questions. In addition, a great deal of information about PERA benefits is available on the PERA web site http://www.mnpera.org/

1. Eligibility

a. Employers

To join PERA and enroll employees in a PERA-administered plan, employers must meet the definition of a governmental subdivision as defined in Minnesota Statute. Governmental employers subject to coverage under PERA are the counties, cities, towns, and school districts within Minnesota, a department or unit of state government or any other governmental body whose revenue is derived from taxation, fees, assessments or other sources. In addition to the employers meeting this definition, there are certain employers specifically included for PERA participation, as well as others specifically excluded from PERA participation by Minnesota law.

b. Employees

Public employees whose salary from one governmental subdivision exceeds $425 in any month are required to participate as members of PERA. If the employee’s salary dips below $425 in any month, the employee is still eligible to participate in PERA.

Certain city positions do not qualify to participate in PERA for various reasons. Before deciding that a position does not qualify for PERA, cities should consult directly with Minnesota Statutes or the appropriate PERA handbook or representative. The following are examples of the kinds of positions not eligible to participate in PERA:

Elected officials. Public officers (other than county sheriffs) elected to a governing body, or people appointed to fill a vacancy in an elective office of a governing body whose term of office first commences on or after July 1, 2002, for the service to be rendered in that elective position;
Seasonal or temporary personnel. Any city employee whose period of employment is less than six consecutive months and whose earnings are less than $425 from one city in any calendar month;
Election officers / election judges.
Full-time students. Any city employee who has not reached the age of 23 and is enrolled full-time to attend or is attending classes on a full-time basis at an accredited school, college or university in an undergraduate, graduate or professional-technical program or a public or charter high school.

Minnesota Statutes 353.01

City of St Paul

Sec. 26.01. Legislative background.

In 1978 Congress passed an act which amended the present Age Discrimination Act. This new law provides that as of January 1, 1979, the city can no longer require mandatory retirement for its employees at age sixty-five (65). However, this act also provides that it is not unlawful to have a mandatory retirement age under age seventy (70) if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where differentiation is based upon reasonable factors other than age. Pursuant to the provisions of this law, the city council has held a hearing to determine whether a mandatory retirement age of sixty-five (65) for uniformed fire employees is a bona fide occupational qualification.

(Ord. No. 16591, 10-18-79)

Sec. 26.02. Findings of fact.

Based upon evidence and testimony submitted to the city council, the council hereby makes the following findings:

(1) The duties of firefighter require that firefighters be in excellent physical condition.

(2) The duties of firefighter require that firefighters periodically must be able to perform severely strenuous acts in the course of firefighting and life saving.

(3) The normal operation and primary purpose of the fire department is to provide for the safety and protection of the citizens of the city and would include the duties set forth above.

(4) The failure of a fireman to perform his duties could mean the difference between life and death for the citizens of Saint Paul.

(5) There is medical evidence that there is a relationship between advancing age and the physical inability to respond to the needs or duties of firemen.

(6) There is medical evidence that there is a relationship between advancing age and the mental inability to respond to the needs or duties of firemen.

(7) The Federal District Court has determined that a mandatory retirement age of sixty-five (65) is a bona fide occupational qualification for all city employees in the uniformed division of the fire department employed in the position of firefighter, fire equipment operator and fire captain, but that a mandatory retirement age of sixty-five (65) for fire chief and district chief is not a bona fide occupational qualification.

(8) The primary duties of district chief and deputy chief are that of supervision, but such employee can be called upon at any time to perform the duties of firefighter, fire equipment operator or fire captain, and the judgment and decisions of a deputy chief or district chief can affect the safety of fellow firefighters and citizens, and a mandatory retirement age of seventy (70) for such positions would be in the best interest to fully protect the property and public safety of the citizens of the city.

(9) There is no alternative policy which could be established by the city and still fully protect the property and public safety of the citizens of the city.

(Ord. No. 16591, 10-18-79; Ord. No. 17304, § 1, 11-7-85)

Sec. 26.03. Mandatory retirement age.

A mandatory retirement age of sixty-five (65) for all uniformed fire employees in the positions of firefighter, fire equipment operator and fire captain is hereby established pursuant to the above findings. This act requires that all employees in said positions must retire on the first day of the month immediately following the month in which the employee reaches age sixty-five (65). A mandatory retirement age of seventy (70) for all uniformed fire employees in the positions of district chief and deputy chief is hereby established pursuant to the above findings. This act requires that all employees in said chief positions must retire on the first day of the month immediately following the month in which the employee in said chief positions reaches age seventy (70).

(Ord. No. 16591, 10-18-79; Ord. No. 17304, § 2, 11-7-85)

Never Forget 343 Gave It All On 9-11-2001