19 Del. Admin. Code § 2002-7.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2002-7.0 - Return to work post-retirement

7.1Definitions.

7.1.1 "Casual/seasonal" The term "casual or seasonal employee" as used in 29 Del.C. § 5502 (a)(3) shall mean an employee employed by an agency under 29 Del.C. § 5903 (17) who works less than thirty (30) hours per week, who works thirty (30) hours or more per week for a duration of not longer than twelve (12) months, or who works in a position not defined as a Full-time or Regular Part-Time pension creditable position according to the sections and regulations contained herein.

7.1.2 Gubernatorial appointment. The phrase "An official appointed by the Governor" as used in 29 Del.C. § 5502 (a)(2), shall mean an official appointed directly by the Governor and confirmed by the Senate.

7.1.3 "Substitute" The term "substitute employee" as used in 29 Del.C. § 5502 (a)(4) shall mean an employee in a school who is compensated on a daily basis pursuant to 14 Del.C. § 1326.

7.1.4 "Temporary employee". The term "temporary employee" as used in 29 Del.C. § 5502 (a)(3), shall mean an employee employed in a position for a specific project or task and for a finite period of time that will not exceed twelve (12) months duration. The twelve (12) month period includes employment pursuant to a temporary employment services agreement, or other Indirect Employment with the State as defined in subsection 7.1 of this regulation.

7.2Separation from service with the state: The IRS requires that any retired employee contemplating reemployment with the State shall have a separation from service from the State for a period of at least six (6) months, if the employee is under the age of 65.

7.3No pre-arranged agreement to reemploy: Individuals and their employers shall certify, at the time of retirement, that there has been no preexisting Plan between the individual and the employer to return to work with an employer participating in the Plan after such retirement, in a manner as required by the Board.

7.4Direct employment: Any individual under the age of 65 who contracts directly with an employer participating in the Plan shall jointly certify, in a manner prescribed by the Board, that there has been at least a six (6) month separation of service.

7.5Indirect employment: Any individual under the age of 65 who is employed by or through any private enterprise that has a contract with an employer participating in the Plan shall jointly certify in a manner prescribed by the Board, that such employment is in compliance with 29 Del.C. § 5502.

19 Del. Admin. Code § 2002-7.0

25 DE Reg. 272 (9/1/2021) (final)