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U.S. Department of Justice


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Washington, D.C. 20530

March 17, 2003

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS


FROM:            Paul R. Corts
                        Assistant Attorney General for Administration

SUBJECT:      Delegation of Authority to Waive Mandatory Retirement Age of Law Enforcement Officers

This is to delegate to Department Components having Law Enforcement Officers, the authority to grant exemptions to the mandatory retirement age requirement for law enforcement officers. Exemptions from the mandatory retirement age may be granted by the Head of the Department Component in those cases where the Head of the Department Component determines that continuation of the employee's services promote the needs of the component in fulfilling its mission, and retention of the employee clearly servces the public interest.

The Head of the Department Component may grant exemptions to the mandatory retirement age requirement up to the day preceding an individual's 60th birthday. This delegation of authority may not be redelegated. The Head of the Department Component will annually notify the Assistant Attorney General for Administration of the exercise of this authority during the previous fiscal year. The notification should contain the following information:

  1. The employee's name, date of birth, length of law enforcement service, and date of mandatory retirement;


  2. The employee's title, series, grade, organizational title, and duty location;


  3. A statement that the employee is willing to remain in Government Service;


  4. A description of the reasons why the exemption to the mandatory retirement age requirement was waived, and the duration of the exception; and,


  5. Certification by the component head that the employee's retention for the period of time specified in the approval was in the public interest and promotes the needs of the component in fulfilling its mission.

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Page created:  June 30, 2003
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