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Bureau of Human Resources

June 19, 2009


TO: All Agency Heads, Agency Human Resource/EEO Representatives

SUBJECT:  Reemployment of Retired State Employees


Human Resources Memorandum 7-01 and 2-02 provided guidance regarding Public Law 2001, Chapter 442 which effectively eliminated the “earnings limitation” on retired State Employees, allowing them to return to State employment.  The purpose of this memorandum is to restate and expand on some of that information.

Termination for purposes of retirement is considered a break in service.

This means that, if a retired employee is rehired into a state position, the retiree:

Additionally, for retired employees rehired into positions covered by a collective bargaining agreement, the retiree:

For employees not covered by a collective bargaining agreement (commonly known as “Confidentials”), the vacation accrual rate and eligibility for longevity are based on total state service (whether continuous or not).  Therefore, retired employees hired into “Confidential” positions:

A retired employee cannot be re-employed prior to that employee’s official retirement date.  For example, if an employee terminated to retire effective September 7, that employee’s official retirement date would be October 1.  In such a situation, that retiree could not be re-employed before the October 1 retirement date.

S/ Alicia Kellogg
Alicia Kellogg, Director
Bureau of Human Resources

*Since longevity is frozen from July 1, 2009 through June 30, 2011 (see HR Memorandum 12-09), employees will not be eligible for longevity until July 1, 2011.