Change in maximum entry-age requirements for Veterans’ Preference Eligibles (Federal)

This is a discussion on Change in maximum entry-age requirements for Veterans’ Preference Eligibles (Federal) within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; FYI If I read this right, certain veterans can now apply to some federal age restricted jobs (i.e. Federal LEO positions that had an age ...

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Thread: Change in maximum entry-age requirements for Veterans’ Preference Eligibles (Federal)

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    Senior Member Array cagueits's Avatar
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    Exclamation Change in maximum entry-age requirements for Veterans’ Preference Eligibles (Federal)

    FYI

    If I read this right, certain veterans can now apply to some federal age restricted jobs (i.e. Federal LEO positions that had an age cut off at 37). Worth reading and researching.

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    CHCOC

    MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES


    FROM:John BerryDirector

    Subject:Change in maximum entry-age requirements for Veterans’ Preference Eligibles


    On July 2, 2008, the Merit Systems Protection Board (Board) issued a final decision in Robert P. Isabella v. Department of State and Office of Personnel Management, 2008 M.S.P.B. 146, that affects preference eligibles who apply for federal positions having a maximum entry-age restriction. The Board decided that the agency’s failure to waive the maximum entry-age requirements for Mr. Isabella, a preference eligible veteran, violated his rights under the Veteran Employment Opportunities Act of 1998 (VEOA) because there was no demonstration that a maximum entry-age was essential to the performance of the position.

    Based on the Board’s decision in Isabella, qualified preference eligibles may now apply and be considered for vacancies regardless of whether they meet the maximum age requirements identified at 5 U.S.C. 3307. In order to determine whether it must waive a maximum entry-age requirement, an agency must first analyze the affected position to determine whether age is essential to the performance of the position. If the agency decides age is not essential to the position, then it must waive the maximum entry-age requirement for veterans’ preference eligible applicants. In instances where the maximum entry-age is waived, the corresponding mandatory retirement age for these individuals will also be higher because it will be reached after 20 years of Law Enforcement Officer (LEO) service for the entitlement to an immediate enhanced annuity.

    The same principles set forth above would apply to appointments to other types of positions for which the setting of maximum entry ages are authorized under 5 U.S.C. § 3307. These types of positions are: (1) firefighters, (2) air traffic controllers, (3) United States Park police, (4) nuclear materials couriers, and (5) customs and border patrol officers (subject to the Federal Employees Retirement System, 5 U.S.C. § 8401 et seq. only).

    Agencies are reminded that they are still required to apply suitability, occupational qualification standards, and medical qualification determinations when waiving the maximum entry-age requirements for preference eligible veterans.

    Please contact the OPM Human Capital Officer that services your agency should you have questions concerning this policy change.

    cc: Chief Human Capital Officers

    Human Resources Directors
    I can no longer keep track of threads as I used to. If you need to contact me, PM me instead of asking me something in the thread. Disclaimer - No legal advice issued anywhere. Take care.

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  3. #2
    Member Array Erik's Avatar
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    They should just rewrite the benefit legislation moving mandatory retirement from 57 to 60; and the correlating hiring cap from 57 to 40. Problem solved for everyone who finds themselves "too old" following their 38th birthday.

    Until then, this is a step in the right direction.
    God, country, family.

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