Terminating the Employment Relationship

B. S ERVICE R ETIREMENT

1. C AL PERS R ETIREMENTS

a. Minimum Requirements In order to retire for service from CalPERS, an individual must have earned at least five years of credited service and reached the minimum retirement age of 50. 281 b. Mandatory Retirement A local contracting agency may establish a mandatory retirement age of 60 for local safety members through amendment of its contract with CalPERS. In order to establish this mandatory retirement age, the agency must demonstrate that the age requirement is a bona fide occupational qualification that is reasonably necessary to the normal operation of services provided by safety members. 282

Employers seeking to adopt or enforce a mandatory retirement age requirement should speak with their legal counsel to ensure that the requirement complies with the requirements of the Fair Employment and Housing Act and the Age Discrimination in Employment Act.

LCW Practice Advisor

2. ’37 A CT R ETIREMENTS

a. Minimum Requirements The following statutory minimum requirements are generally followed by many ’37 Act employers. Some ’37 Act employers may have adopted different minimum requirements.

An individual is eligible to retire from service from a ’37 Act system if he or she has either:

Earned at least 10 years of credited service and reached the minimum retirement age of 55;

Completed 30 years of service regardless of age; or Reached 70 years of age regardless of years of service. 283

Except that, any safety member is eligible to retire from service if he or she has either:

Completed 10 years of continuous service and reached the minimum retirement age of 50;

Completed 20 years of service regardless of age; or Reached the age of mandatory retirement, if any. 284

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 80