27 Miss. Code. R. 110-5.4.10

Current through December 10, 2024
Section 27-110-5.4.10 - Retiree Employment

When requesting the reemployment of a retired state employee, not necessarily returning to the same job class from which retired, and for (1) a period of time not to exceed one-half of the normal working days for the position during which the employee will receive no more than one-half of the salary for the position, or (2) for a period of time in any fiscal year sufficient in length to permit a retiree to earn not in excess of 25 percent of retiree's average compensation (Note: If a retiree is hired outside the guidelines noted above, the retirement benefit of such retiree must be terminated immediately and the employer must immediately begin reporting that individual to PERS as any other active member would be reported.) See Mississippi Code Annotated § 25-11-127.

A. The effective date shall reflect a minimum of ninety (90) days from the date of Retirement. PERS Regulation 34 provides that if the retired member is reemployed by the same or another covered employer in any capacity, including that of an independent contractor as well as service without pay, within ninety (90) days from the effective date of retirement, or is guaranteed such reemployment, the member shall be considered to have continued in the status of an employee and not to have separated from state service.
B. The authorized salary shall be no more than the salary paid to the individual prior to the employee's retirement, except that the salary shall not exceed the end salary of the pay range of the job class to which appointed.
C. Upon reemployment of a retired employee, the status and hire date shall reflect the new date of hire and status.
D. The employer is required to notify PERS of the reemployment of a retiree under one of the above exceptions within five days of reemployment on a Form 4B, Certification/Acknowledgment of Reemployment of Retiree.
E. OSR will create a new 365-day performance period beginning the effective date of the personnel transaction.
F. The following documentation must be submitted with reemployment of a retired employee request:
1. An actioned Referred List, where applicable;
2. A completed State of Mississippi Application, where applicable;
3. Detailed justification, which describes the circumstances surrounding the reemployment of a retiree. After the appointment process is complete, display the action and press F5 to add notes.

27 Miss. Code. R. 110-5.4.10

Amended 7/1/2015
Amended 7/1/2016
Amended 7/1/2017
Amended 1/18/2018
Amended 7/1/2018
Amended 3/1/2019
Amended 1/5/2020
Amended 7/1/2021
Amended 7/3/2023
Amended 7/12/2024