Section 415-106-700 - What are the return to work rules for PSERS?(1)How soon can I return to work after I retire without impacting my PSERS retirement benefit? You may begin working immediately after you retire without impacting your PSERS retirement benefit if: (a) You go to work for a private employer;(b) You are an independent contractor as defined in WAC 415-02-110;(c) Your only employment is as an elected official and you are not a PERS member; or(d) You work in an ineligible position.(2) If you return to work in a PERS, SERS, or TRS Plan 2 or Plan 3, or LEOFF Plan 2 eligible position, your retirement benefit will be affected as follows: (a) If you retire and then return to work sooner than 30 consecutive calendar days from your accrual date (effective retirement date), your monthly retirement benefit will be reduced in accordance with RCW 41.37.050(1) until you remain absent for at least 30 consecutive calendar days.(b) If you retire and remain absent at least 30 consecutive calendar days from your accrual date, you may work up to 867 hours each calendar year before your retirement benefit is suspended.(3) If you return to work in an eligible PSERS position, your retirement benefit will be affected as follows:(a) If you elect to reenter membership, your retirement benefit will be suspended. When you reretire, your retirement benefit will be recalculated pursuant to WAC 415-106-710.(b) If you return to an eligible PSERS position within 30 consecutive days of your accrual date (effective retirement date) and do not reenter membership, your monthly retirement benefit will be reduced by five and one-half percent for every eight hours you work during that month. This reduction will be applied each month until you remain absent for 30 consecutive calendar days. The reduction will accrue for a maximum of 160 hours per month. Any reduction over 100 percent will be applied to the benefit you are eligible to receive in subsequent months. See RCW 41.37.050(1).(c) If you return to an eligible PSERS position after being absent for 30 consecutive calendar days from your accrual date (effective retirement date) and do not reenter membership, your retirement benefit will be suspended until you separate from PSERS employment.(4) If you return to work after retirement from PSERS and another DRS retirement system, see WAC 415-113-300 to determine the effect of returning to work.(5)What is the annual limit?(a) No limit. You may work as many hours as you want without affecting your retirement benefit if you work: (i) In a position that is not eligible for membership in a DRS or higher education retirement plan;(ii) As an independent contractor;(iii) For a private employer.(b)Eight hundred sixty-seven-hour limit. You may work up to 867 hours in a calendar year, in a position that is eligible for membership in a DRS or a public institution of higher education retirement plan, before your retirement allowance is suspended.(c)One thousand forty-hour limit. From April 14, 2023, through July 1, 2026, if you had a 30-day break from your accrual date, you may work up to 1,040 hours in a calendar year, at a state agency or higher education institution in a nonadministrative position as a licensed nurse.(6)What hours are counted toward the limit?(a)Counted toward the annual hour limit: All compensated hours that are worked in an eligible position covered by a DRS or higher education retirement plan, including the use of earned sick leave, vacation days, paid holidays, compensatory time, and cashouts of compensatory time.(b)Not counted toward the hour limit: Cashouts of unused sick and vacation leave.(7)What happens if I work more than the annual hour limit?(a) If you work more than the annual limit, your retirement benefit will be suspended. The suspension will be effective the day after you exceed the hour limit. DRS will prorate your retirement benefit for the month in which you exceed the hour limit.(b) Your retirement benefit will be restarted beginning the next calendar year (January) or the day after you terminate all eligible employment identified in subsection (2) of this section, whichever occurs first.(c) DRS will recover any overpayments made to you for the month(s) in which you exceeded the work limit and received a retirement benefit. See RCW 41.50.130.(8)Terms used.(a) Accrual date - RCW 41.37.240.(b) PSERS: Public safety employees' retirement system.(c) Eligible position - RCW 41.37.010; WAC 415-106-100.(d) Ineligible position - RCW 41.37.010.(e) Membership - RCW 41.37.020.(f) Month - Calendar month as defined in WAC 415-02-030.Wash. Admin. Code § 415-106-700
Amended by WSR 16-17-047, Filed 8/11/2016, effective 9/11/2016Amended by WSR 22-13-091, Filed 6/13/2022, effective 7/14/2022Amended by WSR 23-24-091, Filed 12/5/2023, effective 12/7/2023Statutory Authority: RCW 41.50.050(5), 41.37.050, 41.50.130, chapters 41.32, 41.35, and 41.40 RCW. 08-02-046, §415-106-700, filed 12/27/07, effective 1/27/08.