Each member of the Fire/EMS Department shall be compulsorily retired on the last day of the calendar month within which he or she reaches and attains his or her sixtieth birthday; however:
(A) Any member may, no later than 90 calendar days prior to his or her sixtieth birthday, make written application to the City Manager for permission to remain as a member of the Department beyond his or her sixtieth birthday.
(B) (1) If, upon investigation, it is found that a member making application under division (A) above is physically able to perform the duties assigned him or her by a duly qualified, licensed physician, approved by the City Manager, but paid for by the member making application, his or her application or request shall be submitted to the City Manager and, if approved, then the member shall continue as a member of the Department for an additional 1-year period.
(2) During the period, he or she shall be physically able to perform the duties assigned to him or her.
(3) The physician shall provide to the City Manager a detailed report of the applicant’s physical condition and his or her physical ability to perform his or her duties in the Department.
(4) At a minimum, the physician shall test the applicant’s heart, vision, hearing, kidneys, nose, mouth and throat, hands and feet to determine if there are any abnormalities in the applicant’s physical condition that would adversely affect his or her ability to perform his or her duties in the Department.
(5) The 1-year period shall commence the first day of the month following the month in which his or her sixtieth birthday occurs.
(6) Similar requests may be made from year to year provided written application is made not later than 90 calendar days prior to the expiration of any request granted. However, no more than five 1-year extensions shall be granted for any member, so that the absolute mandatory retirement age for any member shall be age 65.
(C) Each written application or request shall be acted upon, and the member notified, in writing, of the action or decision of the City Manager not later than 60 calendar days after filing of the application or request, but any failure to notify the member within 60 calendar days shall not be deemed as a waiver or forfeiture of the discretionary power of the City to refuse to allow the member to continue as a member of the Department, but same shall be deemed a denial and refusal of the application or request.
(D) Nothing contained in this section shall preclude any member able to perform his or her assigned duties from becoming vested in the public employee pension system.
(1995 Code, § 2.80.470) (Ord. O-98-18, passed 9-28-1998; Am. Ord. O-2000-13, passed 10-16- 2000; Am. Ord. O-2016-006, passed 6-13-2016)