Under Section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, a contract of employment may set out the maximum retirement age for all officers and non-officers of a local authority.
The Local Government Superannuation Scheme rules specifically provide that an officer who is a pre-2004 entrant ceases to be pensionable at age 65 and therefore must retire.
Under the Public Service Superannuation (Miscellaneous Provisions) Act 2004, the minimum retirement age for employees appointed between 1 April 2004 and 31 December 2012 is 65 but they may work beyond that date. Employees appointed since 1 January 2013 are members of the Single Public Service Pension Scheme and for most members their minimum pension age is linked to the State Pension age.