Retirees Returning to Work
Federal and State Law Restrictions
In situations where the SamCERA employer believes a SamCERA retiree possesses special skills or knowledge, the law allows the employer to hire that retiree on a temporary basis for a limited duration without suspending the retiree’s retirement allowance; however, there are restrictions.
The following are key requirements which apply, regardless if the services are being provided through a contract or as an extra help employee:
Unless the member is retiring over age 60 (General members) or age 53 (Safety members), there can be no prearrangement to return to work for the employee after retirement, regardless of the length in the break of service.
Required Break in Service
General Members: Regardless of age at retirement, general members are not eligible to return to work as extra help or under a contract for a period of 180 days following retirement, except under special circumstances.
Safety Members: Safety members who retired at age 53 or older and who will be providing services regularly performed by a safety officer may return to work immediately. If they retired at an age younger than 53, there must be a period of 90 days before returning.
If the safety member will be providing non-safety related services, then regardless of age at retirement, the safety member is subject to the 180 days break in service.
An employer may make certain exceptions regarding the required break in service, in which case specific forms and approvals may be required.
Retirees may continue to receive their retirement benefit if their work is limited to 960 hours per fiscal year (July 1-June 30). Working beyond 960 hours will result in the suspension of monthly benefits.
Rate of Pay
The hourly rate of pay must be at a rate not less than the minimum nor greater than the maximum rate paid by the employer to other employees performing comparable duties.
SamCERA Post Employment Certification
To ensure compliance with Federal and State law, be sure to complete a Certification of Compliance for Post-Retirement Employment form.