AGO Opinion Topics: ESTABLISHMENT MANDATORY RETIREMENT AGE PERSON NOT RETIREMENT SYSTEM

1. Chapter 95, Laws of 1963, does not authorize a city by ordinance, or its civil service commission by rule, to require a fireman or policeman to maintain residence within the city as a condition of employment.2. A city by ordinance or the civil service commission by rule may, with qualifications, set a mandatory retirement age for employees having civil service status but who are not members of any retirement system at the time said ordinance or rule, if enacted or adopted, becomes effective.