Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-18 - Post-retirement employment - eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Retiree subject to
				restrictions.
Returning to work for a participating employer may affect
				the retirement benefit of a retiree. A retiree returning to work for a
				participating employer is subject to various state and federal restrictions,
				including, but not limited to, the requirements set forth in 74 O.S. §
									914 and
				certain Internal Revenue Service regulations.
(b)
Bona fide termination of
				employment.
Prior to the payment of any retirement benefit to a member,
				the participating employer shall certify in writing to the System that the
				member has terminated employment. Termination of employment shall be governed
				by guidelines and regulations set forth by the Internal Revenue Service, and
				shall generally mean the member must have experienced a bona fide separation,
				severance or termination of employment or service in which the employer and
				employee relationship is completely severed. Changing from full-time to
				part-time employment with the same participating employer does not qualify as a
				bona fide termination.
(c)
Returning to work for former employer.
A retiree may not be
				rehired in any capacity by the retiree's same participating employer for a
				period of one (1) year after the retiree ended his or her employment with such
				same participating employer. A retiree may not enter into an employment
				contract of any kind, including through a third party, with the same
				participating employer for a period of one (1) year after ending his or her
				employment with such same participating employer. The provisions of this
				subsection shall not apply if the retiree waives his or her benefit as provided
				under 74 O.S. §
									914(E)(2).
(d)
Pre-arranged rehires.
If any
				agreement is made between the employee and the employer prior to the retirement
				of the employee which would allow the employee to return to work for the same
				participating employer, the retirement of such employee shall not be considered
				a bona fide termination of employment. Upon discovery of such an agreement, the
				employee shall be subject to having the retirement benefits stopped pursuant to
				74 O.S. §
									914(D).
(e)
Independent contractors.
(1) A retired member who provides services as
				an independent contractor to a participating employer shall not participate in
				the System. However, the employer must submit a copy of the contract to OPERS
				for approval in advance of the effective date of the contract. The contract
				must be a true contract labor situation where the individual engages to perform
				certain services according to his or her own method and manner, free from
				control and direction of the employer in the performance of the service except
				the result thereof. Review of the contract shall include, but not be limited
				to:
(A) the degree of the right to control or
				supervise the work of the individual;
(B) payment of self-employment
				taxes;
(C) whether any benefits or
				leave time are paid;
(D) the nature
				and length of the contract;
(E)
				whether the work is part of the regular business of the employer,
				and;
(F) the right of either party
				to terminate the relationship without liability.