Question

David is a police officer with the New York Police Department (NYPD).NYPD asks David to retire when he turns 65.It also informs David that he is eligible for an annual pension of $40,000.David feels that he is a good police officer and that he has been unfairly discriminated against because of his age.He files a complaint under the Age Discrimination in Employment Act against the NYPD.Which of the following statements is true in this case?
A) David will most likely win the case as it is illegal to subject an employee who receives less than $44,000 a year to mandatory retirement.
B) David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.
C) David will most likely lose the case as he is not a high-level employee.
D) David will most likely win the case as he is not yet 70, and it is only legal to subject employees who are 70 and older to mandatory retirement.

Answer 1

Answer:

B) David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.

Explanation:

According to relevant laws, an officer must retire upon attaining the age of 62 of after 20 years of uniformed service (if it is an Early Retirement) or 22 years of uniformed service (if it is a Normal Retirement).

Regardless of whether it is a Normal or Early retirement, the officer must disengage at the age of 62.

The relevant laws which govern the administration of the NYPD retirement process as wells pensions are:

• the Administrative Code of the City of New York (NYCAC);
• the New York State Retirement and Social Security Law (RSSL), and
• the Rules of New York City Police Pension Fund (NYCPPF)

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