Many people retire and later decide to return to the workplace. There are no restrictions if you are hired anywhere other than the municipality you retired from. If you decide to return to work at the municipality you retired from, certain rules apply, depending on your MERS retirement plan. These rules will apply if you are employed by that municipality in any capacity, including being retained as an independent contractor.
Help me figure out what program I have.
If you retire and you are returning to a regular (non-elected/appointed) position, the following rules apply to Defined Benefit Plan or Hybrid Plan:
- You must complete and submit the Working in Retirement Certification form (F-29c), signed by both you and your employer, to MERS.
- You must have a bona fide separation before returning to work, per IRS rules. Bona fide separation is defined as no formal or informal agreement to return to work prior to retirement.
- You must have 60 days of separation.
- You may work up to 1,000 hours in a calendar year.
If you are a MERS Defined Contribution Plan retiree:
- You must have a bona fide retirement before returning to work, per IRS rules. Bona fide separation is defined as no formal or informal agreement to return to work prior to retirement.
- You must have a minimum of a 60-day separation in order for you to continue taking periodic distributions while you work.
- There are no hourly work restrictions for Defined Contribution retirees.
If you retire and you are returning to a voter-elected position (or are appointed to a voter-elected position), the following rules apply to Defined Benefit, Hybrid or Defined Contribution:
- You must complete and submit the Working in Retirement Certification form (F-29c), signed by both you and your employer, to MERS.
- You must have a bona fide separation before returning to work, per IRS rules. Bona fide separation is defined as no formal or informal agreement to return to work prior to retirement.
- If you are re-elected/appointed into the same position, you must have two years of separation.
- If you are elected/appointed into a different position, you must have 60 days of separation.
- You are not subject to any hour limitation.