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State Management Personnel Manual


TO: All Appointing Authorities

FROM: Karen S. Burstein, President

RE: Elimination of Mandatory Retirement by Article 14-a of the Retirement and Social Security Law (L. 1984, Chap. 296)

DATE: July 27, 1984

Much public attention has focused on the fact that, except where age is a bona fide occupational qualification, mandatory retirement will end for most public employees on January 1, 1985. Until then, however, Section 70 (c) of the Retirement and Social Security Law continues to control.

This section allows government employees who must now retire at age 70 to be reemployed until age 78, subject to the approval of the State Civil Service Commission. We are providing the following guidelines to assist you in determining what action to take, vis-à-vis your over 70 work force, until Article 14-a takes effect next January 1.

Any individual who reaches the age of 78 on or before December 31, 1984 will be mandatorily retired. Individuals attaining 78 on or after January 1, 1985 may continue to work.

Individuals employed under Section 70 (c) whose current approvals extend service beyond December 31, 1984 will require no additional approval from the State Civil Service Commission.

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