Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or
retire
Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload.
Many people choose to retire when they are elderly or incapable of doing their j ...
.
As of 2017, as reported by the
Organisation for Economic Co-operation and Development
The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organization, intergovernmental organisation with 38 member countries ...
(OECD), only three European member states (UK, Denmark and Poland) and four OECD countries (Canada, Australia, New Zealand, United States) had laws banning mandatory retirement.
Rationale
Typically, mandatory retirement is justified by the argument that certain occupations are either too dangerous (military personnel) or require high levels of physical and mental skill (
air traffic controllers,
airline pilots
The pilot in command (PIC) of an aircraft is the person aboard the aircraft who is ultimately responsible for its operation and safety during flight. This would be the captain in a typical two- or three-pilot aircrew, or "pilot" if there is onl ...
). Most rely on the notion that a worker's productivity declines significantly after age 70, and the mandatory retirement is the employer's way to avoid reduced productivity.
However, since the age at which retirement is mandated is often somewhat arbitrary and not based upon an actual physical evaluation of an individual person, many view the practice as a form of
age discrimination
Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler def ...
, or
ageism
Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler d ...
.
Economist
Edward Lazear
Edward Paul Lazear (, ; August 17, 1948November 23, 2020) was an American economist, the Morris Arnold and Nona Jean Cox Senior Fellow at the Hoover Institution at Stanford University and the Davies Family Professor of Economics at Stanford Grad ...
has argued that mandatory retirement can be an important tool for employers to construct wage contracts that prevent
worker shirking.
Employers can tilt the wage profile of a worker so that it is below marginal productivity early on and above marginal productivity toward the end of the employment relationship. In this way, the employer retains extra profits from the worker early on, which he returns in the later period if the worker has not shirked his duties or responsibilities in the first period (assuming a competitive market).
Countries
Australia
In Australia, compulsory retirement is generally unlawful throughout the various State and Territory jurisdictions in Australia. Among exceptions to the general rule, permanent members of the
Australian Defence Force
The Australian Defence Force (ADF) is the military organisation responsible for the defence of the Commonwealth of Australia and its national interests. It consists of the Royal Australian Navy (RAN), Australian Army, Royal Australian Air Forc ...
must retire at the age of 60 and reservists at 65.
Since the passage of
a constitutional amendment in 1977, judges on
federal courts are required to retire at the age of 70.
Brazil
The
Constitution of Brazil says in Article 40, Paragraph 1, Item II, that all
public servant
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
s in the Union, States, Cities and the
Federal District
A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they e ...
shall mandatorily retire at the age of 70.
[Constitution of Brazil.](_blank)
''(in Portuguese)''. Retrieved 24 November 2012. This regulation encompasses servants from the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
,
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
branches. It also applies to the
Supreme Federal Court Justices, as per Article 93, Item VI, of the Constitution,
and the
Court of Accounts of the Union Judges, as stated in Article 73, Paragraph 3 of the Constitution (disposition added after the 20th Amendment).
Canada
The normal age for retirement in Canada is 65, but one cannot be forced to retire at that age. Labour laws in the country do not specify a retirement age. Age 65 is when federal
Old Age Security
The Old Age Security (OAS) (SV; french: Sécurité de la vieillesse) program is a universal retirement pension available to most residents and citizens of Canada who have reached 65 years old. This pension is supplemented by the Guaranteed Income ...
pension benefits begin, and most private and public retirement plans have been designed to provide income to the person starting at 65 (an age is needed to select premium payments by contributors to be able to calculate how much money is available to retirees when they leave the program by retiring).
All judges in Canada are subject to mandatory retirement, at 70 or 75 depending on the court. Federal
senators cease to hold their seats at 75.
Israel
A 2006 decision by Israel's High Court of Justice stated that mandatory retirement at age 67 does not discriminate against the elderly.
Philippines
Employees working in the government, who can retire as early as age 60, have a set mandatory retirement age of 65. Personnel including officials of the
Philippine Armed Forces
The Armed Forces of the Philippines (AFP) ( fil, Sandatahang Lakas ng Pilipinas) are the military forces of the Philippines. It consists of three main service branches; the Army, the Air Force, and the Navy (including the Marine Corps). Th ...
, the
Philippine Coast Guard
The Philippine Coast Guard (PCG) ( fil, Tanod Baybayin ng Pilipinas) is recognized as the third armed uniformed service of the country attached to the Philippines' Department of Transportation, tasked primarily with enforcing laws within P ...
, the
Philippine National Police, the
Bureau of Fire Protection
The Bureau of Fire Protection (BFP; Filipino: ''Kawanihan ng Pagtatanggol sa Sunog'') is the government body in the Philippines responsible for the provision of fire services. It is under the jurisdiction of the Department of the Interior and L ...
, and the
Bureau of Jail Management and Penology are required to retire once they reach age 56.
In the private sector, it is illegal to force employees and executives in the private sector to be
forced to retire before age 65 with the exception of underground miners who are required to retire at age 60, and professional racehorse jockeys at age 55.
South Korea
South Korea enforces compulsory retirement before age 60 at the latest to all private companies, and 65 for public sectors. However, it is custom for most companies to lay off their employees between the ages of 50 to 55.
United Kingdom
In October 2006 the
Employment Equality (Age) Regulations 2006
The Employment Equality (Age) Regulations 2006 (SI 2006/2408) is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on 1 October 2006 ...
, the UK Labour Government introduced a Default Retirement Age, whereby employers are able to terminate or deny employment to people over 65 without a reason. A legal challenge to this failed in September 2009, although a review of the legislation was expected in 2010 by the new Conservative/Liberal Democrat coalition government.
This review has taken place and on 17 February 2011
BIS published the draft Regulations abolishing the Default Retirement Age. Revised regulations were later implemented and, as of 6 April 2011, employers can no longer give employees notice of retirement under Default Retirement Age provisions and will need to objectively justify any compulsory retirement age still in place to avoid age discrimination claims.
United States
Mandatory retirement is generally unlawful in the United States, except in certain industries and occupations that are regulated by law, and are often part of the government (such as military service and federal police agencies, such as the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
).
From the U.S. Equal Employment Opportunity Commission website:
From the U.S. Code of Federal Regulations discussing the
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by Pr ...
:
Professions
* Pilots: the mandatory retirement age of airline pilots is 65. The Fair Treatment for Experienced Pilots Act (Public Law 110-135) went into effect on 13 December 2007, raising the age to 65 from the previous 60.
* Air traffic controllers: Mandatory retirement age of 56, with exceptions up to age 61.
* Foreign Service employees at the Department of State: Mandatory retirement at 65 with very narrow exceptions.
* Federal law enforcement officers, national park rangers and firefighters: Mandatory retirement age of 57, or later if less than 20 years of service.
*
Florida Supreme Court justices: The Florida Constitution establishes mandatory retirement at age 70.
*
Michigan Judges of all levels cannot run for election after passing the age of 70.
*
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
has statutorily established mandatory retirement for all judges at age 70 (more precisely, at the end of the month a judge reaches that age). The
Minnesota Legislature has had the constitutional right to set judicial retirement ages since 1956, but did not do so until 1973, setting the age at 70.
*
New Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
The ...
- Article 78 sets the retirement of all Judges and sheriffs at age 70.
*
New Jersey Supreme Court
The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the ...
also established mandatory retirement at age 70.
*
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourt ...
establishes mandatory retirement age of 70 for Circuit and Appellate Court judges.
*
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
– mandatory judicial retirement age of 75.
United Nations
* the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
has a mandatory retirement age of 65.
Religions
Roman Catholic Church
There is no mandatory retirement age for
cardinals nor for the
pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
, as
they hold these positions for life, but cardinals age 80 or over are prohibited from participating in the
papal conclave
A papal conclave is a gathering of the College of Cardinals convened to elect a Bishops in the Catholic Church, bishop of Rome, also known as the pope. Catholics consider the pope to be the Apostolic succession, apostolic successor of Saint ...
as of 1970 because of the ''
Ingravescentem aetatem
''Ingravescentem aetatem'' () is a document issued by Pope Paul VI, dated 21 November 1970. It is divided into 8 chapters. The Latin title is taken from the incipit, and translates to "advancing age". It established a rule that only cardinals who ...
''. The Code of Canon Law specifies in Canon 401 that ordinary bishops, nuncios, and bishops with Curial appointments (but not auxiliary bishops) must present their resignation to the Pope when they turn 75, but he need not accept it right away or at all. Canon 538 makes a similar stipulation of diocesan priests who must offer to resign from their appointments at 75. Note that in either case, resigning from the active exercise of the office means giving up the daily responsibilities of the offices, not ordination itself. Once a man is ordained a priest or a bishop, he retains that character until his death, whether he is still working or has since retired.
See also
*
Pension
A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
*
Retirement
Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload.
Many people choose to retire when they are elderly or incapable of doing their j ...
*
Retirement age
*
Up or out
Up or out, also known as a tenure or partnership system, is the requirement for members of a hierarchical organization to achieve a certain rank within a certain period of time. If they fail to do so, they must leave the organization.
Examples ...
References
{{DEFAULTSORT:Mandatory Retirement
Age and society
Retirement