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Section 19-95.Service retirement --Mandatory retirement dates. <br />• (a) Any member who is in service at his normal retirement date may retire then or at <br />any time thereafter, provided he has completed five (5) or more years of creditable <br />service, upon written notification to the commission made by the member or by his <br />appointing authority setting forth at what date the retirement is to become effective. Such <br />effective date shall be after the member's last day of service and shall not be more than <br />ninety (90) days prior to the filing of such notification. <br />(b) No member who is a police officer, firefighter or sheriffs deputy shall be <br />permitted to continue in service after his normal retirement date, unless the member's <br />appointing authority, upon a determination that organizational needs so require, grants <br />the member an exemption from such mandatory retirement requirements. Any such <br />member who continues in service under such an exemption from the appointing <br />authority, may be retired by that authority at any time thereafter. Such retirement shall be <br />initiated by the appointing authority by notification to the commission setting forth at <br />what date the retirement is to become effective. Such effective date shall be after the <br />member's last day of service and shall not be more than ninety (90) days prior to the <br />filing of such notification. <br />(c) The commissioner of revenue, city treasurer, city sheriff, clerk of the circuit court <br />and commonwealth's attorney may continue in service so long as they hold office. <br />• (d) The appointing authority of any member not listed in subsection (b) or (c) of this <br />section, subsequent to the member's normal retirement date, upon a determination that <br />age is a bona fide occupational qualification reasonably necessary to the normal operation <br />of the city, and that such member has reached the age limit, or upon a determination that <br />such member is incapable of performing his duties in a safe and efficient manner, may <br />require the service retirement of such member upon written notification to the <br />commission setting forth at what date the retirement is to become effective. Such <br />effective date shall be after the member's last day of service and shall not be more than <br />ninety (90) days prior to the filing of such notification. Notwithstanding the foregoing, if <br />such member lacks five (5) years of creditable service, such member shall be discharged <br />and shall be ineligible for a retirement allowance. <br />(e) Any member who is in service and who has completed five (5) or more years of <br />creditable service may retire at any time after the fifty-fifth (55`h) birthday of the member, <br />or at any time thereafter, upon written notification to the commission, made by the <br />member, setting forth at what date the retirement is to become effective. Such effective <br />date shall be after the member's last day of service and shall not be more than ninety (90) <br />days prior to the filing of such notification. <br />(f) Any member who terminates service after completing five (5) or more years of <br />creditable service may retire under the provisions of either subsection (a) or subsection <br />M&V 777871 <br />