N.J. troopers fight retirement rule

More than 120 New Jersey State Police troopers filed a lawsuit yesterday seeking to have the agency's mandatory retirement policy overturned.

The troopers, saying they are fit and want to stay in law enforcement, contend the requirement that they retire by age 55 is discriminatory and outdated.

The lawsuit, filed in state Superior Court in Trenton and seeking class-action status, mirrors legal challenges mounted in other states. Troopers in New York, Massachusetts, and Kentucky have won similar age-bias lawsuits, receiving millions in back pay and health benefits.

In Pennsylvania, however, the state Supreme Court in 1987 upheld the state police retirement cap, which was set at age 60 and remains in force for the roughly 4,500 troopers.

"The mandatory retirement age falls outside the scope of the Age Discrimination in Employment Act's ban on age discrimination because it is a bona fide occupational qualification," the court wrote. It upheld lower court rulings, saying: "Good health and physical strength are job qualifications" of being a trooper.

Many state police agencies have mandatory retirement ages, mainly because they are paramilitary forces steeped in tradition and respect for physical prowess, says Maki Haberfeld, professor of police training and ethics at the John Jay College of Criminal Justice at the City University of New York.

"But this is not a profession where people just chase bad guys. It's a profession that requires thinking and good judgment, and these things become better with age," said Haberfeld, who holds a doctorate in criminal justice.

Haberfeld also noted that at one time a person who was 55 was considered "in advanced life," but now life spans are longer. Whether someone can do the job should be based on agility and experience, not age, she said.

The New Jersey complaint was filed by William H. Buckman, a Moorestown lawyer who specializes in civil-rights cases. It names the State of New Jersey, the Office of the Attorney General, the Division of State Police, and the Division of Pensions.

Lee Moore, spokesman for the attorney general, said that his office had not yet received the document and that it would have no comment until it prepares a response. There are about 3,000 troopers patrolling state highways.

"The '55 and out' requirement serves no meaningful purpose in this day and age other than to discriminate against otherwise qualified members," the lawsuit states.

The 10-page suit also says the age restriction deprives the state of "some of the most experienced officers" and raises pension costs at a time when the state has a deepening budget deficit.

"Deferring the pensions of plaintiffs who wish to continue their service will greatly reduce the pension liability of New Jersey citizens," the suit says.

The lawsuits seek a declaratory judgment voiding the forced retirement as long as the troopers "can carry on the usual and ordinary functions of a police officer." Retirement should be based on physical standards, not age, the lawsuit says.