DOJ 1200.1

Chapter 1-6, Maximum Entry Age and Mandatory Retirement of Law Enforcement Officers  (Jan. 28, 2000)

A.   References.

B.   Policy.

1. General policy. To maintain a young and vigorous workforce in physically arduous LEO positions, it is the policy of the Department of Justice, to employ persons who are physically capable of meeting the rigorous demands of law enforcement activities. This policy applies to all components of the Department, unless superseded by a specific exception or delegation of authority from the Attorney General or the AAG/A. The AAG/A is responsible for the overall administration of this policy.



2. Maximum entry age.   On June 4, 1991, the Attorney General established the date which immediately precedes an individual's 37th birthday as the maximum age for initial entry into a primary LEO position.
   
   

   The AAG/A can approve exceptions to the maximum entry age until the date immediately preceding an individual's 40th birthday. Exceptions to the maximum entry age will only be granted in cases of especially qualified individuals; shortage of highly qualified applicants for specific LEO positions (includes shortages in certain geographic areas); situations where tentative selectees for law enforcement positions have passed the maximum entry age due to unavoidable or unexpectedly lengthy clearance or processing requirements; or for other similarly compelling reasons.

   Requests for exception to the maximum entry age must be submitted in writing by the component head (or designee) to the AAG/A, except as noted in paragraphs B.3. and B.4. of this chapter. The request should include the following:

   1. The proposed appointee's name, date of birth, and the desired date of employment;
   
   
   
   2. Copies of the position description and the proposed appointee's application for employment; and
   
   
   
   3. A statement that fully explains the basis for the desired exception.
   
   
3. Exemptions from the maximum entry age.   Because of personnel shortages, the Attorney General has exempted Catholic, Islamic, and Jewish chaplains; medical and dental officers; and physician's assistants in BOP from the maximum entry age for LEOs. Memoranda on the exemptions were signed by the Attorney General on the following dates: Catholic Chaplains, August 13, 1976; Islamic Chaplains, September 27, 1988; Jewish Chaplains, August 1, 1994; medical and dental officers, March 10, 1998; and physician's assistants, March 21, 1989.



4. Delegation of authority to grant exceptions to the maximum entry age.   Authority has been delegated to the Director, BOP, to grant exemptions to the maximum entry age, up to the day preceding an individual's 40th birthday, for BOP nurses and psychologists. Authority has been delegated to the Director, USMS, to grant exemptions to the maximum entry age, up to the day preceding an individual's 40th birthday, for USMS LEOs.



5. Mandatory retirement age.
   
   

   NOTE: As provided by 5 U.S.C. 8335 and 8425, incumbents of positions approved for LEO coverage under CSRS or FERS who are otherwise eligible for immediate LEO retirement shall be separated from the service on the last day of the month in which the LEO becomes 57 years of age or completes 20 years of LEO service if then over that age. (See provisions below for exemption until age 60.) Each LEO must be given a written notice of his or her mandatory retirement date at least 60 days in advance of the date of separation. Action to separate the employee is not effective without the consent of the employee, until the last day of the month in which the 60-day notice expires.

   If it is judged to be in the public interest, the AAG/A can approve exceptions for LEOs from mandatory retirement until age 60. Exceptions to the mandatory retirement age will only be granted in special cases where the continuation of the employee's services promote the needs of the component in fulfilling its mission, and retention of the employee clearly serves the public interest. This includes but is not limited to: an ongoing criminal investigation which could best be brought to a successful conclusion by the retention of a particular LEO or a case in which there is a skills shortage and a qualified replacement is not readily available to replace a highly skilled incumbent who is responsible for a vital program.

   Requests for exception to the mandatory retirement age must be submitted in writing by the component head (or designee) to the AAG/A, except as noted in paragraph B.6. of this chapter, at least four months prior to an employee's mandatory retirement date. The request should include the following:

   1. The employee's name, date of birth, length of LEO service, and date of mandatory retirement;
   
   
   
   2. The employee's title, series, grade, organizational title, and dutylocation;
   
   
   
   3. A statement that the employee is willing to remain in Government service;
   
   
   
   4. A description of the reasons why the employee's retention is necessary and the requested duration of the exception; and
   
   
   
   5. Certification by the component head that the employee's retention for the period of time specified in the request would be in the public interest and would promote the needs of the component in fulfilling its mission.
   
   
6. Delegation of authority to grant exceptions to the mandatory retirement age. Authority to grant exceptions to the mandatory retirement age for for non-SES FBI special agents, and for FBI LEO members of the SES, which may not exceed 20 exceptions for members of the SES in effect at any one time, has been delegated to the Director, FBI. Authority to grant exceptions to the mandatory retirement age for DEA special agents has been delegated to the Administrator, DEA.

C.   Documentation and Reporting.

1. The Director, USMS, will notify the AAG/A annually of the exercise of the authority to grant exemptions to the maximum entry age requirement for USMS LEOs during the previous fiscal year. The notification will contain:
   
   
   1. The employee's name, date of birth, date of application, and date of completion of processing requirements; and
   
   
   
   2. A description of the reasons why the exemption to the maximum entry age requirement was waived.
   
   
2. The Director, FBI, will notify the AAG/A annually of the exercise of the authority to grant exceptions to mandatory retirement for non-SES FBI special agents. Also, the Director, FBI, will notify the AAG/A of the exercise of the authority to grant an exception to mandatory retirement to an FBI LEO member of the SES prior to the affected employee's mandatory retirement date. Notifications under this paragraph will contain the information described in paragraphs B.5.a. through e. of this chapter.



3. The Administrator, DEA, will notify the AAG/A annually of the exercise of the authority to grant exceptions to mandatory retirement for DEA special agents. The notification will contain the information described in paragraphs B.5.a. through e. of this chapter.

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