Is There An Age Limit For Joining Pension?

[IllinoisFF3]

Can an Illinois Fire Dist. pension fund have a by-law or rule that stipulates an upper age limit for acceptance into the pension fund? If a fire dist. hires recruits at 36, 38, or 40 yeras old does the pension fund just blindly accept them if they pass a medical eval?

Anyone have any case law on this? Or any knowledge of dist. pension funds that have done this that I can contact?

[jefferson136]

You need to check the Illinois Downstate Firefighters Pension law. It should answer all of the questions you have.

[IllinoisFF3]

I've read the article 4 of the state statutes. I ddin't see anything in there and I was asking if anyone had experience with this question one way or the other.

[IllinoisFF3]

I guess a related question would be can a fire district hire full time older firefighters say 38 or 42 years old if the applicants are not currently firefighters elsewhere? If so, do the applicants need to be currently full time firefighters or is part time or volunteer good enough?

I'm not sure where to find this particular info.
Thanks

[jefferson136]

They can be hired but they would not be able to be included in the downstate firefighter pension.

[IllinoisFF3]

Hey Jefferson:
Can you please point me to the correct place to validate not letting the older hirees into the article 4 downstate pension plan. I can't seem to find it. Our attorney cited an Evanston case that showed their older recruits had to be let into the article 4 pension.

I'm trying to verify whther we have control over who is allowed in. We have a problem letting 40 year olds into the plan.

[BScott]

In the United States Court of Appeals For the Seventh Circuit

Nos. 94-3060 & 94-3206

TONY QUINONES,

Plaintiff-Appellee, Cross-Appellant,

v. CITY OF EVANSTON , ILLINOIS,

[IllinoisFF3]

I'm sorry, I just don't understand the outcome of that case. Does a pension fund have to admit a new member age 38 if a fire protection district in Illinois hires them?

[BScott]

Evanston has been told by the State of Illinois that it may not provide pensions to firefighters hired after age 34, but it has been told by the United States of America to treat these employees no worse than those hired when younger. Evanston believes that it is compelled to follow the directive from the state, but the Supremacy Clause of the Constitution requires a different order of priority. A discriminatory state law is not a defense to liability under federal law; it is a source of liability under federal law.

[IllinoisFF3]

So in reality I guess the Federal law will prevail and Evanston or anyone else will have to allow anyone regardless of age into the funds, even though the State of Illiois says otherwise.

Is their case ongoing? I suppose the same would hold true for fire districts?

[jefferson136]

A pesion fund can deny anyone they want. If it is age or a pre-existing medical condition. I have talked to our pension president and a neighboring departments president and they both have told me this. That is why there ia a 35 y.o. age cap on most departments hiring qualifications.

[jefferson136]

Illinois firefighter 3 e-mail
ctate7452@charter.net

[BScott]

The Evanston case was decided in 1994 in favor of the firefighter who still works today. The case also allowed several other Evanston firefighters above the age of 35 to have their pensions.

For the record, the pension board in the Quinones case never objected to him entering the fund and a pension board that does so solely on age is taking a huge risk in my opinion as it would be age discrimination.

Remember, in the above cited case the court acknowledged that Quinones didn’t have to be hired because of his age, but the city hired him anyway. Once hired, under federal law, he must be treated equally.

[sprky131]

If your town, or district doesn't have a upper age limit for hiring there is no way to keep a person over 35 out of you fund. The only way around this problem is to have an ordinance with an age limit in it, that is legal. Once hired they become ours.

[Mangles]

never mind

[IllinoisFF3]

Whan the pension fund sends new applicants to a doctor and he fails them? Are we still on the hook because the districts "turn your head and cough" physical passed the person and they were hired
?