Section 411-410-5 - Bona Fide Termination of Employment1. For a member who has not reached Normal Retirement Age to be eligible to receive retirement benefits, federal law and rules require that the member have a bona fide termination of employment. Every member whose retirement becomes effective after the effective date of this rule, and who has not reached Normal Retirement Age at retirement, must be able to demonstrate that he/she had a bona fide termination of employment prior to retirement. A bona fide termination requires the following: A. The member must not return to employment after retirement with the same employer for at least 30 calendar days after the termination of employment; andB. At retirement, the member must certify to MainePERS that he/she did not have any discussion or negotiation prior to his/her termination that resulted in an explicit or implicit arrangement or expectation of future employment after retirement with the same employer.2. Regardless whether a retiree has reached Normal Retirement Age, he/she must terminate employment in order to receive a retirement benefit and must not return to employment after retirement with the same employer before the effective date of his/her retirement.94- 411 C.M.R. ch. 410, § 5