Filed Date: 5/11/1970
Status: Precedential
Modified Date: 7/6/2016
POLICEMEN — MANDATORY RETIREMENT AGE The City of Seminole, Oklahoma, has the authority to fix a mandatory retirement age of sixty-five (65) years for policemen. The Attorney General has had under consideration your recent letter wherein you state: "The City of Seminole is in need of an opinion in regard to the Police Pension and Retirement System. Oklahoma Statutes, Title 11, Chapter 13A, Sections 541 through 541x, govern the Police pension. Our question concerns Section 541k, 'When a Policeman reaches the age of 70 years he must retire, unless at the request of the Chief of Police of said city or town, the Board of Trustees or City Council grants him an extension of one year.' The City Codes regarding personnel, Title 1, Chapter 19, Section 3, concerning retirement, states, 'As a matter of policy, subject to review by the Mayor and Council, all employees shall be released from employment upon attaining the age of 65 years."' In connection therewith you in effect ask the following question: Does the governing board of the City of Seminole, Oklahoma, have the authority to fix a mandatory retirement age of 65 years for policemen? Title 11 O.S. 642j [11-642j] (1961) provides in part: "The mayor and council shall have the care, management and control of the city and its finances, and shall have power to enact, ordain, alter, modify or repeal any and all ordinances not repugnant to the laws of the United States and the Constitution and laws of this State, as they shall deem expedient and for the good government of the city, the preservation of the peace and good order, the suppression of vice and immorality, and the benefit of trade and commerce, and the health of the inhabitants thereof, and such ordinances, rules and regulations as may be necessary to carry such power into effect. . . ." Title 11 O.S. Supp. 1969, 541k, [11-541k] provides in part: "Every city or town which has . . . established a Board of Trustees as by this act . . . is hereby authorized . . . to pay out of any funds, in its Pension and Retirement System, a service pension to any policeman eligible as hereinafter provided . . . When a policeman reaches the age of seventy (70) years he must retire, unless . . . the Board of Trustees or City Council grants him an extension. . . ." Title 11 O.S. 541a [11-541a] (1969), provides in part: "Once a city adopts the Police Pension and Retirement System, such city cannot disband any part of the Pension and Retirement System unless recommended by the Board of Trustees and in no event shall the city disband the Pension and Retirement System without a vote of a majority of the qualified electors voting thereon in the city or town whose pension system would be affected . . . ." Title 1, Chapter 19, Section 3 of the ordinances of the City of Seminole, Oklahoma (which we are advised has a statutory aldermanic form of city government, as opposed to other forms of city governments) provides: "As a matter of policy, subject to review by the Mayor and Council, all employees shall be released from employment upon attaining the age of sixty-five (65) years." Title 1, Chapter 19, Section 4 of the ordinances of the City of Seminole, Oklahoma, in part provides: "It is hereby declared to be the policy and purpose of the City, to extend to the employees and officials thereof, not excluded by law or this Ordinance, whether employed in connection with a governmental or proprietary function, the benefits of the System of Federal Old-Age and Survivors Insurance as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 — 81st Congress. In pursuance of said policy, and for that purpose, the City shall take such action as may be required by applicable State or Federal Laws or regulations. The Mayor of the City is hereby authorized and directed to execute all necessary agreements and amendments thereto with the State Department of Public Welfare, as agent or agency, to secure coverage of employees and officials as provided herein. "(d) There is hereby excluded from this Ordinance any authority to make any agreement with respect to any position any employee or official now covered or authorized to be covered by any other Ordinance creating any retirement system for any employee or official of the City." Title 2, Chapter 1, Section 3 of the ordinances of the City of Seminole provides in pertinent part: "There is hereby established in the City a Pension and Retirement System for the purpose of providing pension retirement allowances . . . to policemen. . . ." Title 2, Chapter 1, Section 7 of the ordinances of the City of Seminole provides in pertinent part: "Service pensions may be paid out of the System to any policeman . . . When a policeman reaches the age of seventy (70) years he must retire, unless . . . extended . . . ." Title 36 O.S. 312.1 [