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Retired Employees, Re-employing

    Title:

    Retired Employees, Re-employing

    Publication date:

    5/18/2016

    Effective date:

    5/18/2016

    BRIEF

    Policy Summary

    Berkeley Lab employs persons in one of many different appointment types. Each appointment type has defined terms and conditions of employment. Employees who have retired from the Laboratory, or any University of California (UC) location including the UC-managed Department of Energy laboratories, may be re-employed by the Laboratory as a Rehired Retiree, Career, or Term appointee in accordance with the provisions of the UC Re-employment of UC Retired Employees into Senior Management Group and Staff Positions policy.

    Who Should Read This Policy

    • All employees who have retired from the University of California Retirement System (UCRS), regardless of whether they are hired at the Laboratory in a Career, Term, or Rehired Retiree appointment. 
    • Supervisors who are interested in rehiring a retired employee.

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Retired Employees, Re-employing

    Publication date:

    5/18/2016

    Effective date:

    5/18/2016

    POLICY

    A. Purpose

    This policy defines the terms and conditions of employment for re-employing employees who have retired from Berkeley Lab or any University of California (UC) location including the UC-managed Department of Energy laboratories.

    B. Persons Affected

    • All employees who have retired from the University of California Retirement System (UCRS), regardless of whether they are hired at the Laboratory in a Career, Term, or Rehired Retiree appointment. 
    • Supervisors who are interested in rehiring a retired employee.

    C. Exceptions

    Requests for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires approval by the Chief Human Resources and Diversity Officer (CHRO) and the Laboratory Director or designee. Depending on the circumstances, some exceptions may require Laboratory Director or designee, University of California Office of the President (UCOP), and/or Department of Energy (DOE) approval. Exceptions to this policy may not be possible in all circumstances. Exception requests will be carefully evaluated and considered in the context of the overarching University of California restrictions. Some sample exception requests are listed below: 

    • An initial re-employment period of longer than 12 consecutive months
    • Re-employment for longer than a cumulative total of 24 months at all applicable UC locations

    D. Policy Statement

    1. General. Employees who have retired from the Laboratory, or any University of California location, including the UC-managed Department of Energy laboratories, may be re-employed by the Laboratory as a Rehired Retiree in accordance with the provisions of the UC Re-employment of UC Retired Employees Into Senior Management Group and Staff Positions policy. The following sections are highlights from the policy.

    2. Internal Revenue Service (IRS) Restrictions for Preserving the Tax-Qualified Status of the UC Retirement Plan (UCRP)
      1. The Internal Revenue Code imposes restrictions on the timing of the distribution of benefits to participants in defined benefit plans such as UCRP. Generally payments are permitted when an employee retires or attains normal retirement age. Otherwise, retirement benefits should remain in the plan so they will be available to provide support to participants after they cease working. 
      2. Normal retirement age under UCRP means age 60 with a minimum of 5 years of University and Laboratory service credit for all other members. Once an employee attains normal retirement age, the IRS no longer is concerned about an employee's access to retirement funds because those funds were intended to be available at that age.
    3. University Policy Restrictions
      1. Laboratory Need
        1. Re-employment must be as a result of the Laboratory’s substantive business need including:
          • The Retired Employee has skills that are critical to the Laboratory’s mission and the Laboratory has not been able to find or is still searching for a suitable replacement.

          • The Retired Employee is needed to provide knowledge transfer or to train his/her replacement.

          • The Retired Employee is the Principal Investigator or lead researcher on a project that is not complete, and his/her expertise is critical to complete the endeavor. 

      2. Break in Service. A Retired Employee must not be re-employed until there has been a break in service of at least 30 days, but preferably 90 days. 
      3. Appointment Percentage. Due to potential Medicare complications and to minimize situations where individuals draw a retirement benefit and another UC income simultaneously, this policy requires that Retired Employees be re-employed with an appointment of no more than 43% during any 12-month period. 
      4. Duration of Re-employment. Re-employment in one or multiple positions must not exceed a total of 12 months. Extensions beyond 12 months may be requested if substantive business need is demonstrated. After a maximum of 24 cumulative months has been reached, the Retired Employee’s rehire appointment must end.
      5. Re-employment and Suspension of Monthly Retirement Income
        1. A Retired Employee who is receiving UCRP monthly retirement income, but agrees to suspend the payments, may be re-employed temporarily as a Rehired Retiree, or re-employed in a career appointment or term appointment subsequent to an appropriate recruitment and break in service, without being subject to the policy restrictions in Section D.3.a, Laboratory Need; Section D.3.c, Appointment Percentage; and Section D.3.d, Duration of Re-employment, of this policy, but is subject to Section D.3.b, Break in Service.
        2. A Retired Employee who took a lump sum cashout may be re-employed temporarily as a Rehired Retiree and is subject to the policy restrictions in sections D.3.a–D.3.d of this policy.
        3. A Retired Employee may not be employed as a contract worker from a temporary worker agency. A Retired Employee may be employed as a consultant if they are either employed by a consulting agency or own their own business. A Retired Employee may be a consultant for the Laboratory after they have not worked during the previous rolling 12-month period.
      6. Line Management Responsibilities. For rehired retirees with management responsibilities, division management needs to demonstrate that there are appropriate levels of staff and affiliate supervision, safety oversight, and financial stewardship in place. This requirement will be documented on the Retired Employee Approvals Form. 

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    None

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    I. Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Rewrite for wiki (brief)

    All

    Minor

    2/12/2015

    1

    L. Westphal

    Rewrite for wiki (brief)

    All

    Minor

    5/18/2016 2 L. Westphal Revised due to a corrective action

    Who Should Read This Policy, Persons Affected, and Sections C and D

    Major

    DOCUMENT INFORMATION

    Title:

    Retired Employees, Re-employing

    Document number

    02.03.009.000

    Revision number

    2

    Publication date:

    5/18/2016

    Effective date:

    5/18/2016

    Next review date:

    5/18/2019

    Policy Area:

    Types of Appointments

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.01(F)(9)

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.01

    Source Requirements Documents

    • University of California Personnel Policies for Staff Members (PPSM) 2.325, Reemployment of UC Retired Employees into Senior Management Group and Staff Positions

    Other Driving Requirements

    Implementing Documents

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