In guidance that once again underscores the importance of veterans’ preference in hiring decisions, OPM has told agencies that preference trumps even policies that set maximum entry level hiring ages in some occupations.
While most federal jobs do not have age maximums for hiring, certain positions, particularly in law enforcement, do have such limits—typically 37, so that a person can put in a 20-year career under the special retirement provisions for such occupations by the mandatory retirement age of 57 for those covered by such retirement systems.
However, OPM said that in light of recent MSPB decisions, agencies are to consider waiving the age maximums unless it can be shown that the limit is essential to the performance of the position. Where waivers are granted, the mandatory retirement age should be raised by a corresponding amount.
The guidance follows OPM’s decision several years ago, also in the wake of MSPB decisions, to effectively abolish several special hiring programs on grounds that they could interfere with veterans’ preference rights. The role of veterans’ preference also is an issue in an ongoing union-sponsored suit against the federal career intern program.
