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Introduced by   Representative Obuchowski of Rockingham

Referred to Committee on


Subject:  Executive branch; state employees; department of public safety; state police; mandatory retirement; waivers

Statement of purpose:  This bill proposes to permit state police officers to obtain a waiver of the mandatory retirement requirement from the department of public safety on a yearly basis as long as they comply with certain physical and mental standards.


It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  3 V.S.A. § 459(a)(4) is added to read:

(4)  Notwithstanding any other provision of law to the contrary, a group C member prior to attaining the age of 55, or a former group C member who retired following the attainment of age 55, may request from the commissioner of public safety a waiver from the mandatory retirement requirement of subdivision (2) of this subsection.  A former member who is granted a waiver shall no longer be retired on a normal retirement allowance and shall be reinstated in service and the group C plan immediately upon receipt of the waiver.  A waiver shall be valid for one year.  Reapplication for a waiver may be made annually.  The commissioner shall adopt rules which establish the process for requesting and granting waivers and which set minimum physical and mental requirements on which waivers may be based.  Minimum physical and mental requirements shall not be more onerous for members over the age of 55 than for those under the age of 55.  Prior to the adoption of rules under this subdivision, the commissioner shall, at a minimum, consult with a mental health care practitioner with experience treating law enforcement officers and a health care practitioner with experience developing entry level or fitness tests for law enforcement officers.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont