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State Personnel Management Manual
Advisory Memorandum # 94-01

1800 Appointments
January 27, 1994

T0: Department and Agency Personnel and Affirmative Action Officers

FROM: James W. Sever, Director of Staffing Services

SUBJECT: Age Limitation for Police Officer Candidates

Section 58 of the Civil Service Law was amended effective July 21, 1993 making the age limitation for police officer candidates applicable as of the establishment date of the eligible list, rather than the date of appointment. Therefore, a candidate whose name is placed on the eligible list prior to his or her twenty-ninth birthday will retain eligibility for the life of the list except as provided for below.

Although Section 58 provides for a military age reduction of up to six years, Section 243(10) of the Military Law continues to provide that the actual age at appointment of police officers subject to Section 58 shall not exceed thirty-five years. Therefore, any candidate who is on a police officer list with a military age deduction must be restricted from appointment upon reaching his or her thirty-fifth birthday.

Agencies must review any decentralized eligible lists for police titles (as defined in Section 58, e.g., Capital Police Officer and Park Patrol Officer) to determine if they contain the names of persons who were previously restricted and who are now eligible for appointment. Where this occurs, the appointing authority must remove their restrictions and notify them of this action in writing. The Department of Civil Service will not notify any candidates of this change.

This does not affect the validity of any appointments made prior to July 21, 1993, but only appointments since that date.

The following statement will appear on examination announcements for titles that adhere to Section 58 of the Civil Service Law:

In order to be considered for appointment, you must have reached your 20th birthday, but you must not have passed your 29th birthday by the date of the establishment of the list. Military service time can extend the maximum age limit up to six years as provided by and defined in Section 58 of the Civil Service Law, the maximum possible age is 35. Age will be verified at the time of appointment by the appointing authority.

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