Retired Annuitant Employment

CalPERS imposes certain requirements and limitations on retired annuitants who seek to work for the same or another CalPERS employer without reinstatement from retirement. Since the enactment of the California Public Employees’ Pension Reform Act (PEPRA) in 2013, similar rules apply to all public retirement systems. As such, it is important that public sector employers comply with the retired annuitant rules. Failure to comply with these laws can result in reinstatement from retirement and crippling costs for the retired annuitant, as well as exposure to costly claims for the employer. Therefore, careful consideration of the often tricky elements of the retiree employment rules ahead of an appointment is critical.

Best Best & Krieger LLP (BBK) attorneys are experienced in assisting public agency clients in structuring retired annuitant employment contracts, both for extra help positions and for interim appointments to vacant positions. Given the frequency of changes in the laws and guidelines, such as CalPERS’ adopting a definition of “limited duration” with additional complexity, it is imperative that public sector employers have accurate and sound advice. We also provide advice to ensure employers’ retired annuitants stay within the strictures of applicable law and advise on the otherwise mandatory benefits from which retired annuitants may be exempt, such as sick leave and Social Security.