The answers to SAI's questions are subject to change if the legislature passes any amendments to the existing law. A retiree cannot return to covered employment until the retiree has met our bona fide retirement requirements. The current requirement is that the retiree must receive four months of benefits before returning to covered employment. The retiree may return to noncovered employment with the same employer 30 days after the member terminated employment with that employer. A retiree may return to noncovered employment with any other employer at any time.
Temporary employment is likely to be the most applicable here.
Temporary employees are those hired for less than six months or 1,040 hours. Members who violate this requirement will no longer be considered to be retired and will also be required to repay all retirement benefits received to that point. Members may terminate covered employment and enter into a contractual relationship with the member's former employer. The member must meet the legal definition of an independent contractor, however, or the member will be deemed to be an employee. The potential consequences include those discussed in A2, above, as well as potential IRS difficulties.