Select Page

District Policies

Viewing Policy: SP 4117.14 Post Retirement Employment



 

POSTRETIREMENT EMPLOYMENT

 

 

The County Superintendent may hire retired certificated individuals who possess the  knowledge and experience to perform creditable service for the Department as an employee, the employee of a third party, or an independent contractor/consultant, provided that all applicable restrictions specified by the California State Teachers’ Retirement System (CalSTRS) are met. Applicable CalSTRS restrictions include, but are not limited to, the requirement that a retired member be paid compensation comparable to that for active employees for comparable duties and the prohibition against the hiring of a retired member within 180 days of his/her retirement, or, for hiring for the classified service, except as an aide pursuant to Education Code 45134. Additional restrictions and rules may apply including when CalSTRS retired members are employed as employees of third parties, independent contractors, or consultants. The County Superintendent or designee should consult legal counsel when dealing with such employment situations. (Education Code 22119.5, 22164.5, 24214, 24214)

 

Any retired certificated individual who is a member of the defined benefit program of the State Teachers’ Retirement System (STRS) and who is hired by the Department to perform services pursuant to Education Code 22164.5 shall be paid at an annualized rate of pay either not below the minimum or in excess of the maximum paid to other Department employees performing comparable duties.  Moreover, such individual shall not make contributions to the CalSTRS retirement fund or accrue service credit based on compensation earned from the retired member activity.  (Education Code 24214)

 

 

Postretirement Hiring Limitation

 

No retired member of the CalSTRS defined benefit program shall be hired by the Department for at least 180 calendar days after his/her retirement from service, unless he/she has attained the normal retirement age and qualifies for an exemption to the 180-day waiting period. To seek this exemption for the retirant, the County Superintendent shall prepare a resolution to submit to CalSTRS which shall include the following information and findings: (Education Code 24214.5)

 

  1. A statement expressing the Department’s intent to seek an exemption to the 180-day waiting period.

 

  1. A description of the nature of the employment of the retiree.

 

  1. A finding that the retiree has reached the normal retirement age.

 

  1. A finding that the appointment of the retiree is necessary to fill a critically needed position before the 180-day waiting period has passed.

 

 

 

 

 

 

  1. A finding that the retired individual did not receive additional service credit pursuant to Education Code 22714 or 22715 or any financial inducement to retire. Financial inducement to retire shall include, but is not limited to, cash or any form of compensation or other payment directly or indirectly paid by any public employer to the retired individual before or after his/her retirement, if the individual retires for service on or before a specific date or range of dates established by the public employer on or before the date the inducement is offered.

 

  1. A finding that the retired individual’s termination of employment with the Department is not the basis for the need to acquire the services of the retired individual.

 

Prior to approval by the County Superintendent and its submission to Cal STRS, the resolution shall be placed on the County Board meeting agenda as an information item subject to public comment.

Postretirement Compensation Limitation

 

All CalSTRS retirees performing creditable service for the Department shall be subject to the applicable CalSTRS earnings limit. Monies earned in excess of the limit may subject the CalSTRS retiree to a reduction in his/her retirement allowance. Compensation subject to the earnings limitation includes, but is not limited to, salary or wages, deferred compensation plans, purchase of an annuity contract, tax-deferred retirement plan or insurance program, and other plans or contributions when the cost is covered by a county office. (Education Code 22119.5, 22164.5, 24214)

 

Upon retaining the services of a retired individual as a Department employee, employee of a third party, or an independent contractor, the County Superintendent or designee shall: (Education Code 22461, 24214)

 

  1. Advise the retired individual of the postretirement compensation limitation or employment restriction set forth in Education Code , 24214,

 

  1. Maintain accurate records of the retired individual’s compensation and report the compensation to STRS and the individual monthly regardless of the method of payment or the fund from which the payments are

 

When employing a retired individual eligible for any of the exemptions from the postretirement compensation limitation stated below, the County Superintendent or designee shall submit to STRS, no later than June 30 of the school year for which the exemption is to apply, all required documentation to substantiate eligibility for the exemption.  (Education Code 24216, 24216.5, 24216.6

 

 

 

POSTRETIREMENT EMPLOYMENT (continued)

 

 

 

Legal Reference:

EDUCATION CODE

400-410  English language acquisition program

430-446  English Learner and Immigrant Student Federal Conformity Act

22119.5 Creditable service, definition

22461  Notice of earnings limitation

22714  Encouragement of retirement

22714.5 2+2 service and year credit option under STRS

22715  Additional service credit

22716 Unpaid services

24116 Service at California State University

24214 Creditable service by retiree

24214.5  Postretirement compensation limit; members below normal retirement age

24215 Service at California State University

24216 Payments to retirants in excess of limitation

  • Exemption from earnings limitation
  • Exemption from earnings limitation

35046  Consultancy contracts

37252-37254.1  Supplemental instruction

41320.1  Appointment of trustee

42120-42129 Budget completion

44279.1-44279.7  Beginning Teacher Support and Assessment Program

44380-44386 Alternative certification program

44390-44393 School paraprofessional teacher training program

44830  Employment of certificated employees

44830.3  Employment of district interns

44929 Service credit under STRS; additional two years

44929.1 2+2 service and year credit option under STRS

52053-52055.55  Immediate Intervention/Underperforming Schools Program

52055.600-52055.662  High Priority Schools Grant Program

56000-56885 Special education

 

Management Resources:

 

WEB SITES

California State Teachers’ Retirement System: http://www.calstrs.com

 

 

Policy Approved: 03-12-20