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1997 New Jersey Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagnj0004 and id is 1 raw text is: FO. I - iq $tate of Nefu Jerseu DEPARTMFNT OF LAW AND PUBUC SAFEY OFFICE OF THE ATTORNFY GENFRAL CHRISTINE TODD WHITMAN CN )80 PFTER RNIFRO Governor TRF\xo\. NI 0862:-0080 Attorney General (609) 292--4925 February 25, 1997 Margaret M. McMahon, Director Division of Pensions & Benefits 50 West State Street CN 295 Trenton, New Jersey 08625 Janet Share Zatz Chief of Staff Department of Personnel CN 312 3 Station Plaza Trenton, New Jersey 08625 Re: FORMAL OPINION NO. 1 - 1997 Dear Chief of Staff Zatz and Director McMahon: Recent Congressional action amending the Age Discrimination In Employment Act has raised a question regarding the current status of State laws which impose mandatory maximum hiring and retirement ages for law enforcement and firefighting personnel. These incldde N.J.S.A. 40A:14-12 which precludes the hiring as a firefighter of anyone who is over 35 years of age, and N.J.S.A. 40A: 14- 127, which is a parallel provision relating to law enforcement officers. Also implicated is N.J.S.A. 53:1-9, which establishes a maximum hiring age for State Police members at age 35, as well as N.J.S.A. 43:16A-5 which sets the mandatory Both laws permit the age cut-off for eligibility to be determined as of the announced closing date of a civil service examination given for the position. Accordingly, an individual who is under 35 years of age at the announced closing date for a civil service test, is considered to have met the age requirement for the life of any eligible list thereafter promulgated for the position. LMLps 1, ..1,: ' : A',% '. . d A, ci c /ahh,

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