§ 32.04  RETIREMENT AGE.
   (A)   Except where otherwise provided for the purposes of this section, the term EMPLOYEE shall be defined as any person appointed, employed or retained by any public office or public body of the town, whether part-time or full-time.
   (B)   The term EMPLOYEE shall not include any person elected by the voters of the whole town in a special or general election or selected as a pro tempore appointment, pursuant to I.C. 3-13-11 et seq., or any person appointed by the municipal executive, the legislative body or the fiscal body to a board, council or commission of the municipality.
   (C)   Employees shall retire from municipal duty at the age of 75 years, and the date of such retirement shall be at the end of the municipal fiscal year in which their seventy-fifth birthday is attained.
   (D)   The Town Council may waive mandatory retirement and grant an extension of duties for each municipal year, upon making the following determinations:
      (1)   That an employee is deemed physically and mentally able to the perform the employee’s normal duties; and
      (2)   That granting such waiver and extension is in the best interests of the town.