A. State Employment-General Provisions Gov. Code Sec. 19700 Secs. 2098020988 Sec. 14310.5 Sec. 15005 Summary This section provides that the State Personnel Board These sections concern compulsory retirement provi- This section was added to the Education Code in 1965. It permits a teacher, retired under the State Teachers' Retirement System, whose last prior employment was in a state college, to be reemployed as a state college teacher up to a maximum of 90 days in any one fiscal year and to be paid up to $2000, without loss of retirement benefits or reinstatement from retirement. This section was amended in 1965, to set a minimum age of 21 and a maximum age of 40 for any examination for the positions of special or narcotics agent. The Business and Professions Code contains some minimum age requirements but no maximum limitations. B. County Employment-General Provisions Gov. Code Secs. 31005 31008 Sec. 31558 Summary These sections prohibit age discrimination in county employment except for peace officers and firemen. This relates to the 1937 County Employees' Retirement Act. A county employee cannot become a "safety member" of the retirement system unless he is under age 35. "Safety members" must be in active law enforcement or fire suppression jobs, such as fire warden, forest fireman, firemen in Fire Districts, other firefighting jobs, sheriffs, district attorneys, and marshals. Retirement ages for other than elective officials under the "safety" retirement plan are: age 60 mandatory; age 55, optional with 10 years of service; optional regardless of age, with 30 years of service. Secs. 31662.4 Other provisions of the County Employees Retirement Law-general retirement age is 70, with ages of 60, 31663 Gov. Code Summary 31671- 65, for peace and safety positions, depending on various 31671.6 factors. Secs. 3205032052 Sec. 32350 Compulsory retirement at age 60 under the County County Fire Service Retirement Law, providing age 60 C. City Employment-General Provisions Gov. Code 45054 Summary Prohibits age discrimination by cities establishing civil service systems, except for policemen and fire men. D. City and County Charters No county charters were found to have restrictive requirements on age, in addition to those contained in sections of the Government Code already cited. Fourteen cities had some provisions in their charters, mainly relating to retirement. Summary Age 35 maximum for appointment as fireman. Provides for establishment of reasonable regulations as to age for civil service employment. Compulsory retirement age 62 for all city employees. Age 35 maximum for appointment as fireman. Age 45 maximum for appointment Age 45 maximum for policemen. Compulsory retirement at age 70 Age 30 maximum for police and firemen. Compulsory retirement at age 70. Compulsory retirement at age 60 for police and fire departments. Age 30 maximum for appointment to police and fire departments. Compulsory retirement age 70 for police and fire departments. "Peace officers" are defined in general by the Penal Code, Section 817, as a sheriff, undersheriff, deputy sheriff, coroner, deputy coroner, regularly employed by a county; a marshal or deputy marshal of a municipal court; a constable of a judicial district; a marshal, policeman, or any juvenile officer of a city or town engaged in juvenile law enforcement functions as generally performed by the local police department. Also included are special agents of the State Bureau of Criminal Identification and Investigation; Special and Narcotic Agents of the Bureau of Narcotics Enforcement; parole officers and Correctional Officers of the State Department of Corrections; placement or parole officers of the Youth Authority; and inspectors or investigators of a District Attorney's office; members of the State Highway Patrol; and food and drug inspectors. Besides the State agencies mentioned, peace officer positions are used by the San Francisco Port Authority, Fire Districts, the California Board of Pharmacy, the Osteopathic and Chiropractic Boards of Examiners, the Department of Motor Vehicles, and the Department of Fish and Game. 2. Workmen's Compensation Provisions of the State Labor Code, Sections 3212-3212.7, relating to workmen's compensation have an effect on the hiring standards of some public agencies. These sections are summarized in the following paragraphs: Labor Code Summary The term "injury" includes hernia, pneumonia and heart trouble contracted by firefighting members of the Division of Forestry and members of the warden service of the Department of Fish and Game whose duties are in active law enforcement. Such injuries shall be presumed to arise out of and in the course of employment. Sec. 3212.2 Heart trouble is presumed to be "injury" arising out of employment for officers and employees of the Department of Corrections. Sec. 3212.5 "Injury" in the course of employment includes heart trouble and pneumonia for members of police departments of cities or municipalities, the State Highway Patrol, sheriffs and deputy sheriffs. (For heart trouble, the member must have been employed at least five years.) Sec. 3212.6 Adds tuberculosis as an injury" for employees mentioned in Section 3212.5. Sec. 3212.7 Employees defined as peace officers in the Penal Code, Section 817, in the Bureau of Narcotics Enforcement and the Bureau of Criminal Identification and Investigation are presumed to have a work-connected injury in the event of heart trouble, hernia, pneumonia, or tuberculosis. In all cases, with the exception mentioned in Section 3212.5, the hernia, heart trouble, pneumonia, or tuberculosis shall not be attributed to any disease existing prior to its manifestation. F. Federal Government Hiring Policies The Federal Government has no age restrictions for regular civil service employment, although it employs many workers in jobs similar to those in the California state, county and city jurisdictions which do carry age limits. Federal Civil Service Rules and Regulations prohibit the establishment of maximum age requirements for hiring (Reg. 338.601). The Federal Personnel Manual provides that no maximum age limitation may be established, and that limited temporary appointments may be made on or after the retirement age of 70, for a period of one year, and may be renewed under special circumstances. (Section 338-17, Par. 6.1) It should be noted that some agencies recruiting for "Excepted Service" positions have established age limits for certain jobs. For instance, the Military Sea Transportation Service, Pacific Area (a part of the Department of the Navy) has set age limits of 18 to 55 for marine civilian employment in some occupations, and 21 to 55 in others, with some provision for waiving the requirements. Regulation CMPI 334.2-2.b provides: "Age limits.-Age limits for appointment are established as follows: (1) CONUS commands. For males: 18 years, minimum, and 55 years, maximum. For females: 21 years, minimum, and 55 years, maximum. (2) Overseas commands. For males and females, 21 years, minimum, and 55 years, maximum. (3) Waivers. "(a) In accordance with the Veterans' Preference Act of 1944, the age limits are to be waived for veterans unless the factor of age is considered essential to the performance of the duties of the position. "(b) The maximum age limits may be waived for nonveteran candidates provided the waivers are required to meet emergency crewing situations . . . “(d) The maximum age limits will be waived for candidates who are otherwise eligible for reemployment consideration. IV CITY AND COUNTY CIVIL A. Variations in Age Limits Inquiries concerning age limitations in employment, and the reasons for them were directed to 211 cities, counties, and miscellaneous public agencies throughout the state. There were 163 replies from 105 cities, 40 counties, and 17 miscellaneous districts. (San Francisco was counted as a city, rather than a county.) A list of the respondents appears in Appendix A. Most jobs reported as having a maximum age limit requirement for hiring were in the peace officer or fireman categories. For these positions, age limits have been established by 86 cities, 29 counties, and three "miscellaneous" agencies in the sample group. However, upper age limits were mentioned for jobs in clerical, professional, technical, skilled and semi-skilled, and laborer occupations. Several of the larger cities and counties had age limits for an extensive list of positions in · most of these categories. Some local ordinances or civil service rules authorize establishment of age limits for positions outside the law enforcement field. For example: The City of Glendale set age limits for the following examinations given late in 1965: The City's Civil Service Commission Rules and Regulations (Rule III, Section 3) authorize the Commission to fix minimum and maximum age limits for any examination. (See Appendix B). The City of San Jose has age limits for a number of jobs, including office and clerical. The City's Civil Service Rules and Regulations provide that the Director of Personnel, after consulting with the heads of all interested departments, determines minimum qualifications for civil service examinations. These "may include, but need not be limited to, requirements respecting citizenship, age, education, experience, required licenses or certificates." (Personnel Regulations, Sec. 2005.5). The extension of age limits within a city civil service system to jobs outside the categories of peace officer and fireman seems to be in conflict with Sections 45050-45054 of the Government Code, prohibiting |