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Q1 — What is the Retiree Return Program?
A1 — Prior to the enactment of HB242,
retirees who returned to the workforce had only two options:
nonpermanent employment or permanent employment with the loss
of retirement benefit payments.
HB242 provides an additional option for employees who are
eligible to regularly retire under PERS or TRS. Eligible employees
can return to the permanent workforce after a minimum 30-day
break in service. Within the first month of re-employment,
those eligible returning retirees can elect to continue receiving
retirement benefit payments, and waive the accrual of additional
retirement service credit.
Q2 — Is the Retiree Return Program only for retired
employees who want their old jobs back?
A2 — No. The Retiree Return Program provides
an additional pool of applicants for state jobs, specifically
for hard-to-fill technical positions, where applicant pools
have been historically limited. Any eligible PERS or TRS retiree
may apply for job vacancies for which they are qualified.
Q3 — If a retiree applies for a vacancy, does a hiring
manager have to appoint him/her?
A3 — No. There is no affirmative hiring requirement
for retirees returning to the workplace. Merit system principles
continue to apply to the hiring process.
Q4 — If someone retires and wants to come back to work
immediately can they do so without waiting 30 days?
A4 — Yes. Retirees can return to the workforce
any time, unless they are prevented from doing so by Retiree
Incentive Program (RIP) requirements.
Note: A returning employee must satisfy the 30-day break
in service requirement to be eligible to take advantage of
the new options for retirement benefits as a result of the
HB 242 (see Q1.)
Q5 — Can a retiree be hired as a nonpermanent employee
until the 30-day requirement is met?
A5 — No. Retirement-eligible employment that
follows nonpermanent employment does not create a break in
service under the requirements of HB242.
Retirees can accept nonpermanent employment, then transition
to an eligible permanent position if the nonpermanent employment
began after a 30-day break in service.
Q6 — Does the job have to be recruited competitively
before a retiree can be rehired?
A6 — No. At this time, retirees are eligible
for non-competitive appointment under the Personnel Rules
or under language in an applicable labor agreement that provides
for rehire rights.
It is suggested that all vacancies created by retirement
be competitively filled in order to meet merit system requirements
and to provide promotional and developmental opportunities
for the remaining staff.
Q7 — What happens if a current qualified employee wants
the job to which a retiree wants to return?
A7 — Retirees desiring to reenter the workforce
must apply for consideration under existing (or future) hiring
and merit system requirements.
The program established under HB242 does not extend preferential
hiring rights to individual retirees. The program does not
create a new class of applicants, or any preferential return
right.
Q8 — What if the qualified current employee is in the
same job class as the one the retiree wants to return?
A8 — Appointment to a vacancy is a decision made
at the hiring manager level, or at such level as determined
by the appointing agency.
Note: No tenet of the merit principle, collective bargaining
language, Personnel Rules, or Personnel Act are waived, reduced
or set aside by the language in HB242.
Q9 — Is there any way the state/department could refuse
to transfer a current qualified employee into a position and
rehire the retiree?
A9 — Yes. See Q8.
Q10 — A retiree is at "K" step at retirement
and is re-hired to an eligible position. At which step is
the employee placed?
A10 — The rules for determining step placement
for new or returning applicants also apply to returning retirees.
Q11 — Do retirees returning to the workforce serve probationary
periods?
A11 — Yes. Retirees returning to the workforce
are subject to the same provisions of the Personnel Rules
or collective bargaining agreement language concerning probationary
periods as are other newly or re-hired employees.
Q12 — What is the effect of a retiree returning to the
workforce on Merit Anniversary Dates?
A12 — Retirees returning to the workforce are
subject to the same provisions of the Personnel Rules and
collective bargaining agreements concerning merit anniversary
dates as other employees.
Q13 — What Leave Base Date is used for retirees who
return to work?
A13 — Retirees returning to the workforce are
subject to the same provisions of the Personnel Rules and
collective bargaining agreements concerning leave base dates
as are other returning employees.
Q14 — Are retirees who return to the workforce eligible
for health insurance?
A14 — Yes. If retirees return to health-insurance
eligible positions, they are subject to the same enrollment,
participation and copayment requirements as other eligible
employees.
Q15 — Will returning retirees participate in the Supplemental
Benefits Annuity (SBS) Program?
A15 — Yes. Returning retirees will participate
in the program. Eligibility for benefit payments under SBS
is defined in the plan booklet and is not changed by HB242.
Reemployment as a returning retiree may affect eligibility
for benefit payments. Contact the Division of Retirement and
Benefits at (907) 465-4460 with specific questions.
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