Civil Service Bulletin 8.20A

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Human Resources

June 5, 2003

CIVIL SERVICE BULLETIN 8.21A

TO:	Agency Heads, Human Resource Directors
SUBJECT:	Reemployment of Retired Persons (Supercedes Civil Service Bulletin 8.21)

Public Law 2001, Chapter 442 provided a significant change with respect to retired state employees who are rehired to state employment. The practical effect of this legislation is that a retired state employee may return to state service without a deduction (often referred to as the “earnings limitation”) to his or her service retirement benefit.

The legislative history associated with PL 2001, Chapter 442 clearly indicates that the 120th Legislature intended to permit retired state employees to return to employment in the state service with no advantage or disadvantage. As is often the case, the legislation has provided some administrative challenges with respect to implementation. Placement of retirees on the reemployment register provides a clear, but unintended advantage -- virtually guaranteeing a retired employee reemployment to the position he or she left without the benefit of competition with other candidates¹. Likewise, retirees may not be afforded agency or statewide status because they must terminate to retire, thus losing status under both the bargaining agreements and Civil Service Rules. The only viable alternative that is consistent with the legislative intent of PL 2001, Chapter 442 is allowing retirees placement on the open competitive register, thereby affording retirees the same standing as other non-status candidates².

In consideration of the enactment of PL 2001, Chapter 442, agency human resource and management staff should consider Civil Service Rules, Chapter 8, Section 4 and Chapter 7, Section 3, D, 2 to be superseded by legislative action. The Bureau of Human Resources will take steps to make appropriate corrections to the Civil Service Rules in the next rule-making effort.

Please reference Human Resource Memorandum 2-02 for specific information pertaining to retirees who return to state employment.

S/ Donald A. Wills
Donald A. Wills, Director
Bureau of Human Resources

DAW/pjs

¹Civil Service Rules, Chapter 7, Section 3, Sub-section E, 3 prohibiting retired employees from inclusion on the reemployment register will remain in force as it is not contrary to the legislative intent of PL 2001, Chapter 442.
²These principles also apply equally to direct hire classifications.