840 CMR 12: Service Between Age 65

Summary

840 CMR 12.00 governs the rules for public employees who continue working after age 65, setting out which occupations require mandatory retirement at that age and which do not. Certain positions—including uniformed firefighters, uniformed police officers, members of the department of fisheries and wildlife, correctional officers, and certain airport personnel—are subject to mandatory retirement at age 65 unless the personnel administrator determines by regulation that age is not a bona fide occupational qualification. Retirement boards that determine a member is in a mandatory-retirement occupation must notify the member at least 120 days before the required retirement date.

Full Text

840 CMR 12.00 is the standard rule for service after age 65 promulgated by the Public Employee Retirement Administration Commission pursuant to M.G.L. c. 7, § 50 and St. 1987, c. 415.

Except as otherwise provided by the Commission, by supplementary rules of a particular retirement board approved by the Commission pursuant to 840 CMR 14.02: Supplementary Rules, or by statute, 840 CMR 12.00 shall govern the procedures of all retirement boards relating to service after age 65.

12.01 Notice To Members

No member may continue in service after age 65 if the member is in an occupation or position classification for which the personnel administrator determines by regulation that age is a bona fide occupational qualification or is in one of the following occupations or position classifications unless the personnel administrator determines by regulation that age is not a reasonably necessary bona fide occupational qualification:

(a) uniformed member of a paid fire department;
(b) uniformed member of a police department;
(c) member of the department of fisheries and wildlife, as determined by the personnel administrator;
(d) correctional officer;
(e) permanent crash crewman, crash boatman, fire control man, or assistant fire control man employed at the General Edward Lawrence Logan International Airport.

If the board determines that the member is in an occupation or position classification which requires that the member retire at age 65, the board shall notify the member 120 days prior to the date the member is required to retire.

REGULATORY AUTHORITY: 840 CMR 12.00: M.G.L. c. 7, § 50; c. 32, § 21.