Reminder-PERS- 180-day waiting period to re-employ a retiree

Employment of a CalPERS retiree in a CalPERS covered position before their mandatory 180-day wait period is over
*CalPERS and CalSTRS have different processes and required documentation*
Retirees of the California Public Employees’ Retirement System (CalPERS) are subject to a 180-day wait period upon retirement before returning to work no sooner than the 181st day under limited conditions as a retired annuitant in a CalPERS covered position. There can be an exception to this regulation.
If a district has a critical need for a CalPERS retiree to return to work before the retiree’s 180-day wait period is over, the steps outlined below should be followed:
Step 1 District The Santa Barbara County Education Office (SBCEO) requires the requesting district to pass a resolution and forward the document to School Business Advisory Services. The resolution should include:
* Robust and thorough documentation and solid explanations as to why it is necessary or critical for the retiree to return to work before the 180-day window period is over.

* The hiring circumstances, special knowledge, skills and expertise required of the individual, a salary schedule, and employment contract. Step 2 SBCEO CalPERS requires passage of a resolution by SBCEO with supporting documentation on behalf of a district to allow an exception.
* SBCEO prepares a resolution based on documents provided by the district and submits the resolution with supporting information to CalPERS. Step 3
CalPERS CalPERS completes a compliance review either approving or denying the request and sends their response to the SBCEO. The SBCEO forwards the response to the district.
Important Notes
* The retiree should not return to work until resolutions are passed and CalPERS gives approval.

* Retirees with a Golden Handshake or another type of retirement incentive do not qualify for this exception.
Contact Danielle Spahn (dspahn@sbceo.org<mailto:dspahn@sbceo.org> or 805-964-4711 x 5273) to coordinate proceedings, SBCEO and district board meeting dates, and required resolutions with supporting backup.
Before proceeding with the process for an exception to the 180-day wait period, refer to the latest version of the CalPERS Public Agency & Schools Reference Guide<www.calpers.ca.gov/docs/forms-publications/pas-ref-guide.pdf> (see path below) for information including limitations, conditions, steps and sample resolutions. Some of this information is attached for convenience but should be checked for updates that may occur after this message was sent. Please note, retirees returning to work temporarily in a CalPERS covered position are subject to a limitation of 960-hours per fiscal year. This limit applies to the total accumulated hours worked from all of the (not each) CalPERS employers the retiree may work for.
For the latest information:
* Go to the CalPERS website www.calpers.ca.gov<www.calpers.ca.gov> * Go to the Employers tab. * Under Forms & Publications, locate and select the Public Agency & Schools Reference Guide<www.calpers.ca.gov/docs/forms-publications/pas-ref-guide.pdf>, see example below. * Within the Guide, find the Employment of a Retiree section (listed in the table of contents) and read thoroughly the information regarding qualification, sample resolutions and steps to follow. Embedded in the Guide are links to Circular Letters, Checklists and Resolutions. * Reminder → CalPERS requires a resolution from the SBCEO for an exception on behalf of a district. The SBCEO requires a similar resolution from the requesting district. * Within the Employment of a Retiree section, look for the paragraph identified as Sample 180-Day Exception Resolutions (Schools), see example below. * Open the school resolution templates, read the instructions, and use the applicable extra help or vacant position resolution as a model. Warning: Do not change the language in the template. Doing so will delay the compliance review. * Resolution for G.C. sections 7522.56 & 21229 is for extra help * Resolution for G.C. sections 7522.56 & 21221(h) is for a vacant position
Go to Employment of a Retiree section From this paragraph, select “Sample Resolution Schools”