(A) Each sworn member of the Louisville/Jefferson County Department of Police who has reached age 62, and each member of the Louisville/Jefferson County Department of Fire working in the following areas: fire suppression, fire training, and arson investigation, who has reached age 62 shall be subject to compulsory retirement; provided, however, that any member subject to compulsory retirement shall have the option of applying for exemption therefrom on the basis that he or she continues to be physically capable of performing the duties of his or her position. Such application shall be made to the Metro Government Civil Service/Merit Board at least 30 days before the member reaches the age of mandatory retirement. The staff of the Metro Government Civil Service/Merit Board shall prepare and administer appropriate tests to determine whether the member continues to be physically capable of performing police or firefighting duties. If the member is found to be so capable, compulsory retirement shall be postponed for a period of one year, upon which time the member may reapply for exemption from compulsory retirement under the procedures of this section. If the member is found not to be so capable, he or she shall be subject to mandatory retirement. Nothing contained in this section shall prevent any member having the required service qualifications from requesting retirement at any time. In no event shall exemption from compulsory retirement be granted beyond the age of 70.
(B) The procedure for administration of the test described in the preceding subsection shall be as follows:
(1) When a member reaches age 61, the Metro Government Civil Service/Merit Board shall notify him or her that he or she is eligible for voluntary testing to determine physical capabilities of performing his or her duties. The member shall be informed at this time that the results of any test taken pursuant to this notice will remain confidential and will not be disclosed to the Metro Government or the Metro Government Civil Service/Merit Board except upon court order. The member shall be informed that he or she will receive the counseling session, if he or she desires, to interpret the findings and to set goals and advise him or her concerning a ban to reach these goals, concerning his or her physical ability to perform these duties.
(2) Upon receipt of an application for exemption from compulsory retirement under subsection (A) above, as the member approaches the age of 62 years, the Metro Government Civil Service/Merit Board shall schedule and refer the member for testing by a qualified expert to determine whether the member continues to be physically capable of performing his or her duties. The results of the test at this time shall be provided to the Metro Government and the Metro Government Civil Service/Merit Board as well as to the applicant. Should the results of the test be negative, the applicant shall be entitled to additional counseling to interpret the findings of the test, to set goals and to establish a means to reach such goals, to achieve physical capability to perform his or her duties. Following the administration of the test described in this subsection (B)(2), the applicant shall not be subject to compulsory retirement until he or she has had a final opportunity to undergo testing as set forth in subsection (B)(3) below.
(3) Should the test results from the test administered under subsection (B)(2) above have been negative, and should the member have exercised his or her option for retesting as outlined above, the member shall be referred for a final test six months after the administration of the test described in subsection (B)(2) above. The test at this time shall be the same as that administered pursuant to subsection (B)(2) above. If the member is found at this time to be capable of performing his or her duties, he or she shall be granted exemption from compulsory retirement for one year from the date of his or her birthday, and shall be subject thereafter to the requirements of subsection (A) above. Should the results of any test administered pursuant to this subsection (B)(3) be negative, the member shall thereupon be subject to compulsory retirement upon 30 days' notice.
(1999 Lou. Code, § 36.099) (Lou. Ord. No. 80-1988, approved 4-15-1988; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)