Administrative Rule No: 6115-03

Title: Post-Retirement Employment


Purpose
To outline the eligibility and the administrative processes for requesting post-retirement employment after retirement from the Public Employees Retirement System (PERS).

Statement
Bargaining Unity Employees
Terms and conditions for accessing post-retirement employment for employees subject to collective bargaining agreements shall be governed by those respective agreements; failing such provisions, Board policies and administrative rules shall apply.

Provisions
Linn-Benton Community College (LBCC/the College) recognizes that re-employing certain Oregon PERS retirees in positions that may be difficult to fill or require knowledge transfer may benefit the College. LBCC desires to retain employees with specific professional expertise, job knowledge, skills, training and/or competencies needed to serve our students through instruction, support services, and the operation of the College. This allows continuity of services and supports successful recruiting and/or training of a successor.

The President, upon recommendation by the appropriate Vice President, may approve post-retirement employment when it is in the interest of the College to do so. Post-retirement employment will generally be in the same position held at the time of retirement; however, the President may approve employment to a different position based on the College's needs.

Post-Retirement Employees (PRE) who return as full-time employees shall only be permitted to work full-time for up to one (1) year after the date of retirement. This PRE time limit may be extended upon approval of the President. Considerations for PRE appointments will be made to coincide with the budget cycle/fiscal year planning. Employment of a PRE will not be permitted unless approved by the applicable Vice President and/or President. Post-retirement employment is solely at the discretion of the College.

If the PRE is employed in the same position as the one from which they retired, the salary shall remain the same as they earned just prior to retirement. PRE employees who are placed in a position covered by a collective bargaining agreement will be eligible for cost of living increases as outlined in that collective bargaining agreement. Employees employer paid tax sheltered annuity (TSA) shall cease. If the PRE is employed in a new position, the President, in consultation with Human Resources, shall determine the salary placement. Employees may not participate in both PRE and the Early Retirement program as outlined in AR 6115-02 at the same time.

The PRE will continue to receive a benefits package (i.e. health, leave accruals, etc.), as permitted by law, applicable to their position in accordance with College policy and/or applicable Collective Bargaining Agreement. Paid leave will be paid out, and final unused sick leave will be reported to PERS at the time of retirement. Post-retirement employees will be employed with zero balances for personal and sick leave, but would be eligible to maintain their accrual rates as applicable by seniority under an applicable Collective Bargaining Agreement. Any remaining balance of personal leave at the end of their
post-retirement appointment would be eligible for pay out as outlined in AR 6125-01.

Eligibility
A current Linn-Benton Community College employee who is eligible for their full retirement benefit under the Oregon Public Employees Retirement System (PERS), who has been with LBCC for a total of ten (10) continuous years is eligible for post-retirement employment once they have retired.

Employees who have been at step 2 or step 3 of the progressive discipline process, as outlined in their applicable collective bargaining agreement, for not more than twelve (12 months) are not eligible for post-retirement employment.

Eligible employees should submit a request for post-retirement employment to their supervisor at least ninety (90) days prior to their planned date of retirement. Prior to requesting post-retirement employment, the employee must contact PERS to determine the requirements of working while retired and potential PERS benefits and impacts.

If an employee retires under PERS and is not approved for re-employment or has not applied for re-employment, the retirement shall have the same force and effect as the employee’s resignation.

Procedures
Eligible employees considering participation in a Post-Retirement Employment position must complete the following:

  1. Contact PERS to understand work after retirement implications;
  2. Complete the Post-Retirement Employment Request form;
  3. Complete an Employment Separation Letter;
  4. Submit both forms to Human Resources.

Per OAR 459-017-0060, this policy shall automatically sunset on December 31, 2034.

Legislative Reference(s): OAR 459-017-0060, ORS Chapter 237, ORS Chapter 238.

Date of Adoption: 01/25/2024
Dates of Revisions:
Dates of Last Review: