135.06 COMPULSORY RETIREMENT AGE.

   (a)   For employees other than firefighters and law enforcement officers, there shall be no mandatory retirement age.

   (b)   For firefighters and law enforcement officers as defined in Section 11 of the Age Discrimination and Employment Act of 1967 (29 U.S.C. 630 (j) and (k)), the mandatory retirement age is sixty (60), subject to subsections (c) and (d) of this Section.

   (c)    Any employee subject to the mandatory retirement age, other than administrative firefighter and law enforcement officer personnel as defined in subsection (d) of this Section, may request up to three (3) twelve (12) month waivers of the mandatory retirement age to extend employment to the age of sixty-three (63), which requests shall be governed by this sub-section, or any collective bargaining agreement, which agreement shall take precedence over this sub-section.

      (1)   An employee must request a waiver in writing at least ninety (90) days, but no more than one hundred and twenty (120) days, prior to the employee's sixtieth (60th), sixty-first (61st), and sixty-second (62nd) birthdays, respectively.

      (2)   An employee requesting a waiver must submit to a fitness for duty examination by a physician of the City's choice. The examination must determine that the employee is physically and psychologically fit to perform all essential functions of his or her job.

      (3)   The City has sole discretion to approve or disapprove any requested waiver based on the fitness for duty examination and the employee's prior performance reviews.

   (d)   The Mayor is authorized to grant waivers of the mandatory retirement age beyond the age of sixty (60) for administrative firefighter and law enforcement personnel (such as the Chief, Assistant Chiefs and other officers who are not subject to a collective bargaining agreement).

   (e)   Nothing in this section shall limit the power of the Mayor to take appropriate action, including but not limited to suspension or termination, in the event that any employee is inefficient in his or her duties for reasons of physical or mental incapacity, or for any other reasons as provided by law. (Ord. 19-102. Enacted 11-18-19.)