A Guide to CalPERS
Employment After
Retirement
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Working After Retirement?
Know the Rules
If you are planning to supplement your CalPERS pension by working after retirement, you need to know there are specific laws governing the type, timing, and amount of work you can accept without affecting your pension.
You should fully understand the rules surrounding employment after retirement and the consequences of unlawful employment.
This publication is designed to help you navigate those rules and help you avoid these potential pitfalls:
• Termination of your monthly CalPERS retirement allowance • Reinstatement from retirement
• Repayment of retirement benefits already received
• Payment of retroactive retirement contributions and interest • Loss of cost-of-living increases
• Loss of golden handshake benefits
This publication also provides information about working for a CalPERS employer as an independent contractor, contract employee, or through a third-party employer, such as a temp agency. Additional CalPERS publications referenced within can be obtained on our website at www.calpers.ca.gov or by calling us at 888 CalPERS (or 888-225-7377).
Contents
Introduction . . . . . . . . . . . . . . . 2
Post-Retirement Employment Scenarios . . . . . 5
Retired Annuitant Rules . . . . . . . . . . . 7
Independent Contractor Employment . . . . . 12
Disability Retirees – Additional Requirements
and Restrictions . . . . . . . . . . . . . 14
How to Contact Us . . . . . . . . . . . . 18
Visit Your Nearest CalPERS Regional Office . . . 19
Privacy Notice . . . . . . . . . . . . . 20
2 Introduction
Terms and Definitions
The following table lists key terms and definitions used in this publication .
Term Definition
Reinstatement Returning from retirement status to active employment with a CalPERS employer . Your retirement allowance is terminated until you re-retire in the future . You and your employer also resume making retirement contributions, and you earn service credit .
CalPERS Retiree An employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance .
Retired Annuitant A CalPERS retiree working as an at-will employee for a CalPERS employer without reinstating from retirement .
Termination of Retirement The cancellation of your monthly retirement allowance .
Unlawful Employment Retiree employment found to be in violation of the retirement law and regulations .
Partial Service Retirement
An alternative to service retirement and working
as a retired annuitant is partial service retirement .
This benefit is available to full-time state
miscellaneous, full-time state industrial, and
full-time public agency employees whose employer
contracts for this benefit . Partial service retirees are not subject to the working after retirement rules .
The benefit works this way: With employer
approval, an employee who meets the eligibility
requirements can reduce his or her work time by
at least 20% but not more than 60% and receive
a retirement allowance for the balance .
For more information about partial service
retirement, contact your employer and ask if they
contract for this benefit and see A Guide to Your
CalPERS Partial Service Retirement (PUB 14) .
Volunteering for a CalPERS Employer
After Retirement
You may serve as a volunteer for a CalPERS
employer after your retirement . Service as a bona
fide volunteer is not subject to retired annuitant
restrictions . However, you may not volunteer
in a position that is normally compensated,
and you may not volunteer in order to avoid
retired annuitant restrictions . Service that is
not in a bona fide volunteer position will have
to comply with retired annuitant restrictions .
3 Before You Retire
1. Apply for Retirement and Select a Retirement Date
Separation from employment alone is not considered
retirement—you must submit a retirement
application to CalPERS to complete the retirement
process . You must stop working in all CalPERScovered employment, including all full-time and part-time positions and any elected or appointed
offices for which you have CalPERS membership .
Please consider employment that you may be
working in as noncontributory . If you cease working
in a full-time position, noncontributory part-time
positions will become contributory if you do not
separate from them prior to retirement .
It is your responsibility to inform every CalPERS
employer of your planned retirement date so that
each employer can submit permanent separation
information on your behalf . Your retirement date
can be no earlier than the day after your last day
on payroll with any CalPERS employer .
2. Determine your “Normal Retirement Age”
You will want to know how we define “normal
retirement age” if you intend on working for a
CalPERS employer after retirement; this age
determines if you will be subject to the bona fide
separation requirement . Federal tax law and
California retirement law require a retiring member
who is younger than normal retirement age on his
or her retirement date to meet a bona fide separation
in service before working after retirement for a
CalPERS employer .
Normal retirement age for CalPERS purposes is
the age listed in your retirement benefit formula,
for example, age 55 for the 2% at 55 formula or
age 62 for the 2% at 62 formula . However, maximum
normal service retirement age is never greater than
62, even for the 1 .25% at 65 formula .
If your retirement allowance is based on more than
one formula, regardless of when that formula was
earned, the oldest benefit formula age determines
your normal retirement age . If you are younger than
the age in that formula on your retirement date,
please refer to the “Bona Fide Separation in Service
Requirement” section on page 8 .
To determine your normal retirement age, please
access your myCalPERS account through our
website . Your normal retirement age is listed on
the home page . You can also refer to your CalPERS
Annual Member Statement or contact CalPERS .
To view your most recent Annual Member
Statement, log in to your myCalPERS
account at my.calpers.ca.gov .
Restrictions on Post-Retirement
Employment
State and federal laws provide specific employment
restrictions for retirees who return to work with an
employer in the same public retirement system from
which they receive a benefit .
These restrictions are intended to prevent the
“double-dipping” of a retiree receiving a monthly
CalPERS retirement benefit while also receiving a
salary from permanent or regular staff employment
with a CalPERS employer . Retirees may work in
retired annuitant positions only . See “Retired
Annuitant Rules” beginning on page 7 . Disability
retirees are subject to additional requirements and
restrictions . Also see “Disability Retirees – Additional Requirements and Restrictions” beginning on
page 14 .
Introduction (continued)
4 When applying for employment with any employer,
it is your responsibility to:
• Ask if the employer contracts with CalPERS for
retirement benefits .
• Inform the employer you are a CalPERS retiree
(receiving a retirement benefit from CalPERS) and
specify the type of retirement, whether service,
disability, or industrial disability .
• Apply for retired annuitant positions only .
Disability retirees may work in a permanent
position upon receipt of CalPERS’ written preapproval . See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement”
beginning on page 15 .
You and the employer are responsible
for ensuring your employment complies
with the retirement law when hired
and during the entire course of your
employment . Violating these laws and
restrictions could financially impact you,
so it is advised that you be aware of these
laws and ensure you are in compliance .
Termination of Retirement
(Reinstatement From Retirement)
Due to Unlawful Employment
Any retiree employment found to be
in violation of the retirement laws and
regulations is unlawful employment . If
you are found to be employed in unlawful
employment, you will be financially impacted
due to the violation . This could result in your
reinstatement from retirement, retroactive
to the date the unlawful employment began .
If reinstated, your retirement allowance (pension
payments) will stop and you will be required to
reimburse CalPERS the amount of retirement
allowance you received during the period of
unlawful employment . In addition, you will pay
your employer the member contributions plus
interest owed retroactive to your reinstatement
date . The employer who unlawfully employed
you will submit your member contributions
and pay employer contributions plus interest
owed retroactive to your reinstatement date .
When you re-retire, please be aware that your
new retirement may not include the same
benefits you had with your previous retirement .
Reinstatement may result in a loss of medical
coverage and adversely affect other benefits from
your prior retirement, such as a golden handshake or
reciprocity, if another system’s final compensation
was used to calculate your CalPERS allowance .
For information about voluntary reinstatement from
retirement into active employment, review A Guide
to CalPERS Reinstatement From Retirement (PUB 37) .
Introduction (continued)
5 Post-Retirement Employment Scenarios
Private Sector Employment
If you are a service retiree, you can work for a
private industry employer not associated with any
CalPERS employer without restrictions and continue
to receive your CalPERS retirement allowance .
If you are a disability retiree, there are restrictions on the work you can do for a private industry
employer . If you retired on a disability or
industrial disability, be sure to review the
“Disability Retirees – Additional Requirements
and Restrictions” section beginning on page 14 .
If you are either a service retiree or a disability
retiree, and you want to work for a private sector
employer who provides a service to a CalPERS
employer, please see the section on “Independent
Contractor Employment” beginning on page 12 .
Employment in Other Public
Retirement Systems
If you are a service retiree, you can work
without restrictions in a position that qualifies
for membership in any other public retirement
system without terminating your CalPERS
retirement and continue to receive your CalPERS
allowance . This includes certificated (teaching)
positions covered by the California State
Teachers’ Retirement System (CalSTRS) .
If you are a disability retiree, there are restrictions on working for an employer in a different
public retirement system . See the section on
“Disability Retirees – Additional Requirements
and Restrictions” beginning on page 14 .
CalPERS/CalSTRS Election
The retirement system election to elect coverage
under CalSTRS for a CalPERS-covered position or
CalPERS for a CalSTRS-covered position under
Government Code section 20309 only applies
to active members . Retirees are ineligible for
this election .
Employment in JRS II
For information about employment in positions that
qualify for membership in the Judges’ Retirement
System II, please call (916) 795-3688 .
Working for a CalPERS Employer
If your post-retirement plans include working
for a CalPERS employer, you have these options:
reinstating from retirement, working as an
independent contractor, or retired annuitant
employment . Disability retirees have another option,
which is to work in a permanent position under
Government Code section 21232 . If you retired on a
disability or industrial disability, there are additional restrictions on the work you can do while retired .
Please review the “Disability Retirees – Additional
Requirements and Restrictions” section beginning
on page 14 for information on that option .
Voluntary Reinstatement From Retirement
You should only apply for and accept a regular
staff position with a CalPERS employer if you are
voluntarily reinstating from retirement, and you and
the employer have completed the Reinstatement
From Service Retirement Application form or the
Reinstatement From Disability/Industrial Disability
Retirement Application form . For more information
about voluntary reinstatement from retirement
into active employment, review A Guide to CalPERS
Reinstatement From Retirement (PUB 37) .
6 Independent Contractor Employment
You can be lawfully employed by a CalPERS employer
as an “independent contractor” or as an “employee
of a third-party employer,” including your own
business entity, if there is no common law employeremployee relationship between you and the CalPERS employer . Please see the section on “Independent
Contractor Employment” beginning on page 12 .
Retired Annuitant Employment
A retired annuitant is a CalPERS retiree who works
as an at-will employee of a CalPERS employer with
certain restrictions to avoid jeopardizing his or
her retirement allowance (pension payments) .
As a retired annuitant, you do not accrue service
credit or otherwise acquire any additional retirement
benefits from the employment . If you intend to
remain retired and work for a CalPERS employer,
you should only apply for and accept a retired
annuitant position . Appointment to any permanent
or regular staff position (part or full time,
intermittent, hourly, seasonal, on call, exempt
from civil service, exempt from membership, etc .)
requires reinstatement from retirement . This
applies to all CalPERS member classifications
(miscellaneous, safety, police, fire, etc .) .
Post-Retirement Employment Scenarios (continued)
7 Retired Annuitant Rules
There are two types of retired annuitant
employment: “extra help” and interim (or acting)
“vacant position” employment .
Extra Help Positions
The retired annuitant employment restrictions for
extra help positions are authorized by Government
Code sections 7522 .56, 21224, 21227, and 21229 . All
CalPERS-covered employers are able to use retirees
to fill in for extra help positions . However, your
employment must meet the following restrictions:
• Limited-Duration Work
You have skills needed to perform work of limited
duration or your employment is needed during an
emergency (such as floods, earthquakes, etc .) to
prevent stoppage of public business . While these
workloads may last more than one fiscal year, the
employment should terminate when the limitedduration work you were hired to perform is completed . Examples of work of limited duration
are work to eliminate a backlog, work on a special
project, and work that is in excess of what regular
staff can do . You cannot be employed in any
regular staff position such as “seasonal,”
“permanent intermittent,” “exempt from civil
service,” “exempt from membership,” “TAU,” or
any other “temporary” position other than a retired
annuitant position .
• Compensation
The hourly pay rate you receive cannot be less
than the minimum or exceed the maximum paid
to other employees performing comparable duties
as listed in the employer’s publicly available pay
schedule . Also, you cannot receive any benefit,
incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay
rate . For example, longevity compensation, sick
leave, or vacation benefits cannot be provided to a
retired annuitant . The only exception would be if
the employee is being reimbursed dollar for dollar
for job-related expenses .
• 960-Hour Limit
The hours you work cannot exceed 960 hours in a
fiscal year (July 1 through June 30) for employment
with all CalPERS employers combined . There are
no exceptions to this limit. Your hours will reset
each July 1, and you can work another 960 hours
for the new fiscal year . Your employer must enroll
and report your hours to CalPERS, per Government
Code section 21220 . Your employer-reported
retired annuitant hours can be viewed in your
myCalPERS account . You are able to view your
total employer-reported hours from all employers
for the current fiscal year .
California State University (CSU) academic
staff retirees can work as retired annuitant
academic staff for CSU employers as
authorized by Government Code sections
7522 .56 and 21227 . However, the hours
worked for all CSU employers cannot exceed
960 hours in a fiscal year or 50% of the
hours employed during the last fiscal year
prior to retirement, whichever is less .
• Unemployment Insurance Payments
You cannot be appointed as a retired annuitant if
you received unemployment insurance payments
for prior retired annuitant work for any CalPERS
employer within 12 months prior to your
appointment date . Upon accepting employment,
you must certify in writing to the employer that
you comply with this requirement . See additional
information in the section “Unemployment
Insurance Payments” on page 9 .
8 Vacant Positions
A CalPERS-contracted public agency may appoint
you to an interim position by the governing body
of an employer, as authorized by Government Code
sections 7522 .56 and 21221(h) . The employment
must meet all the requirements on page 7 for
extra help positions and the following additional
requirements below . Examples of these positions
include city manager, police chief, fire chief,
individual department head, director, CEO, etc .
• Active Recruitment
Before you are hired, the employer must have
in place an active recruitment for a permanent
replacement for the vacant position .
• Limited-Duration Work
You can be hired only as an interim or acting
appointment during the period of recruitment;
you cannot work in a permanent capacity or for
an indefinite period of time .
• Single Appointment
You can be appointed only once to the vacant
position . If your contracted term ends and a
replacement has not been found, then you must
vacate the position . If you continue after your
contracted term expires, this is considered a
second appointment .
• Compensation
Your hourly pay rate cannot be less than the
minimum or exceed the maximum for the
vacant position as listed on the employer’s
publicly available pay schedule . You cannot
receive any benefit, incentive, compensation in
lieu of benefits, or other form of compensation
in addition to the hourly pay rate .
Eligibility Requirements for
Retired Annuitants
In addition to the requirements on the previous
pages, all retirees must meet both of the following
two requirements to be eligible to work for a
CalPERS employer:
1. Bona Fide Separation in Service Requirement
You cannot be employed as a retired annuitant if
you are younger than the “normal retirement age”
on your retirement date, unless both of the following
conditions are met:
• There was no verbal or written agreement to
return to work as a retired annuitant between you
and any CalPERS employer before you retired .
• There is a termination of employment (separation
in service) for 60 days between your retirement
date and the date your limited-duration
employment as a retired annuitant will begin .
Normal retirement age is the oldest age
listed in your retirement benefit formulas .
To find this age, log in to your myCalPERS
account at my.calpers.ca.gov .
All retirees who are under normal retirement age
at retirement must meet the bona fide separation
in service requirement even if an exception to the
180-day wait period applies . These two requirements
may be served concurrently . The only exception to
this restriction is for employment due to the specific
emergency conditions as defined in Government
Code section 8558 . This bona fide separation
requirement is in California retirement law and
regulations to comply with Internal Revenue Code
tax regulations .
Retired Annuitant Rules (continued)
9 2. 180-Day Wait Period Requirement
You cannot be employed as a retired annuitant for a
period of 180 days after your retirement date, unless
you qualify for one of the following exceptions . The
180-day wait period begins on your retirement date .
Exceptions
• Before you begin work, your employer must
certify the nature of the employment and that
the appointment is necessary to fill a critically
needed position sooner than 180 days . The
appointment must be approved by the employer’s
governing body, in a public meeting, and must
be approved as an action item, rather than on
a consent calendar .
• You will participate in the California State
University’s (CSU) Faculty Early Retirement
Program (FERP) pursuant to a collective
bargaining agreement with CSU that existed
prior to January 1, 2013, or has been included
in subsequent agreements .
• You are a retired firefighter or retired public
safety officer as defined in Government Code
section 3301 (peace officer) who will perform
firefighter or peace officer retired annuitant work .
• You are a CalSTRS retiree who is subject to
sections 24212, 24214 .5, or 26812 of the Education
Code . Call CalSTRS at (800) 228-5453 for more
information .
If you receive a golden handshake or any other
retirement or separation incentive, you must wait
180 days before returning to work and you are not
eligible for any of the 180-day wait period exceptions .
State Employer Civil Service
Eligibility Requirement
Retired annuitant employment with a state
agency is limited to retirees who have civil
service eligibility from previous state agency
employment or who qualify for appointment
under an applicable civil service employment
list . Visit the California Department of Human
Resources website at www.calhr.ca.gov for more
information . Retired State of California employees
can apply for retired annuitant positions via the
Boomerang website at boomerang.ca.gov .
Unemployment Insurance Payments
California law prohibits appointment of a retired
annuitant by a CalPERS employer if, during the
12-month period before an appointment, you
received unemployment insurance compensation
for prior retired annuitant employment with any
CalPERS employer . Upon accepting employment,
you must certify in writing to the employer
that you comply with this requirement .
If you are working as a retired annuitant and it is
discovered that during the previous 12 months you
were paid unemployment insurance compensation
based on prior retired annuitant employment with
any CalPERS employer, your employment must
be terminated on the last day of the current pay
period . You will not be eligible for appointment as
a retired annuitant with any CalPERS employer for
12 months following the termination date of the
current employment . Violation of this unemployment
insurance compensation restriction does not result
in mandatory reinstatement from retirement .
Retired Annuitant Rules (continued)
10 Exceptions to Retired Annuitant
Requirements
Elected or Appointed Offices
You can serve in an elected or appointed office
after retirement without reinstatement from
retirement . However, if you serve without
reinstatement and part or all of your retirement
allowance is based on service in that elected or
appointed office, the portion of your allowance
based on service in that office must be suspended
for your time in office . When you leave office, your
allowance will be unsuspended going forward .
If you wish to elect membership to earn additional
CalPERS service credit for your time in the elected or
appointed office and that office is subject to CalPERS
membership, you must reinstate from retirement .
If you are serving in an elected or appointed
office for which you have CalPERS membership
and wish to retire before your term expires,
you must resign from that office .
If you are serving in an elected or appointed
office for which you have not elected CalPERS
membership and wish to retire before your term
expires, you do not have to resign from that office .
Special State Appointments
Part-Time Member of State Board or Commission –
CalPERS Retirees and Non-CalPERS Retirees
You can serve without reinstatement from retirement
as a salaried part-time member of a state board
or commission, where part time is defined as
an appointment with a salary of no more than
$60,000 annually, which will be increased in
any fiscal year in which a general salary increase
is provided for state employees . The amount
of the increase cannot exceed the percentage
of the general salary increases provided for state
employees during that fiscal year . You acquire
no benefits, service credit, or retirement rights
from this employment .
Full-Time Member of State Board or Commission –
CalPERS Retirees
You can serve without reinstatement from
retirement as a non-salaried full-time member
of a state board or commission . You may receive
only per diem authorized to all members of
the board or commission . You do not earn any
service credit or benefits in CalPERS, or make
any CalPERS contributions . If you accept the
salary, you must reinstate from retirement .
Full-Time Member of State Board or Commission –
Non-CalPERS Retirees
If you receive retirement from a public retirement
system other than CalPERS, you can serve as a
non-salaried full-time member of a state board
or commission and continue to receive your
retirement allowance in addition to any per
diem authorized to all members of the board or
commission . If you accept the salary, you must
suspend your retirement benefit from the other
system and enroll as a new member of CalPERS .
Upon retirement (1) the pensionable compensation
earned from the service on this board or commission
will not be eligible for reciprocity with any other
retirement system or plan, and (2) you will be
entitled to future reinstatement of any suspended
benefits, including employer-provided retiree health
benefits, for which you were entitled at the time
of appointment to the board or commission .
Retired Annuitant Rules (continued)
11 Full-Time Commissioner of the State Board
of Parole Hearings or Full-Time Commissioner
of the State Board of Juvenile Hearings –
CalPERS Retirees and Non-CalPERS Retirees
If you are appointed as a full-time commissioner
of the California Board of Parole Hearings or the
California Board of Juvenile Hearings, you may
serve without reinstatement from retirement,
and without loss or interruption of benefits
provided by the retirement system . These
appointments are made by the Governor and
require confirmation by the California Senate .
Retired Annuitant Rules (continued)
12 Independent Contractor Employment
You can be lawfully employed by a CalPERS
employer as an “independent contractor” or as
an “employee of a third-party employer,” including
your own business entity, without restrictions if there is no common law employer-employee relationship
between you and the CalPERS employer .
If a common law employer-employee relationship
exists, the employment is subject to the retired
annuitant restrictions even if the employment
agreement claims to be for an independent
contractor . If the work you will perform is the
same or similar to work you performed as an
active employee or is work performed by an active
employee of that employer, an employer-employee
relationship exists and the employment is subject
to the retired annuitant restrictions .
If you work as a supposed independent contractor
and are later determined to be an employee and
that employment violates any of the retired annuitant
restrictions, your retirement will be terminated .
See “Termination of Retirement (Reinstatement
From Retirement) Due to Unlawful Employment”
on page 4 for details .
Independent Contractor or
Third-Party Employee
Independent contractors are not “employees”
and are excluded from membership in CalPERS
by Government Code section 20300(b) . A true
independent contractor or third-party employee
is someone who contracts to provide a service or
complete a task according to his or her own methods .
This person is not subject to the contracting entity’s
control as to the end product, final result of work, or manner and means by which the work is performed .
We use the “common law control test” as a guide to
determining independent contractor status . Many
factors are considered, including the manner and
means by which the work is accomplished . We
will request and use all relevant information that
provides evidence of the degree of control of the
work being performed to make a determination .
The common law control test is a guide
to determine whether a worker should
be classified as an employee or an
independent contractor .
You cannot be hired as an independent contractor
or as an employee of a third-party employer for
a position established by statute, city charter,
or municipal code . Examples of these positions
are city manager, police chief, fire chief, etc .
13 Independent Contractor Determination
To ensure a proposed employment agreement or
position is a true independent contractor position,
we recommend you obtain an independent
contractor determination from CalPERS
before you begin any such employment .
If you would like us to review your proposed
independent contractor service agreement,
please send the complete agreement by
mail, email, or fax as shown below . We will
review the contract within 60 days .
Mail:
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Email: Membership_Reporting@calpers .ca .gov
Fax: (916) 795-4166
Independent Contractor Employment (continued)
14 Disability Retirees – Additional Requirements
and Restrictions
In addition to being subject to all the rules and
restrictions mentioned on the previous pages,
disability and industrial disability retirees are
subject to the following additional eligibility
requirements and restrictions.
If you are a disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer in
a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” on page 15 for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• If you are under the minimum service retirement
age (50, 52, or 55) and work for a non-CalPERScovered employer, your retirement benefit will be subject to an earnings limit under Government
Code section 21432 .
− You are required to report your gross
earnings to CalPERS annually .
− The total employer-paid portion of your
monthly retirement allowance and your new
gross earnings cannot be greater than the
current compensation of the position from
which you retired . If the total is greater, your
retirement allowance will be reduced .
− Once you reach your minimum service
retirement age, your employment is no longer
subject to an earnings limit (Government Code
section 21432) . Call us toll free at 888 CalPERS
(or 888-225-7377) to request a Disability
Retiree’s Report of Earnings form .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition
to determine whether you should be reinstated
from retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment
is in a position similar to the one from which
you retired .
15 If you are an industrial disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer
in a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• Your retirement benefit is not subject to an
earnings limit if you work for a non-CalPERScovered employer per Government Code section 21432, even if you are under the minimum service
retirement age .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition to
determine whether you should be reinstated from
retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment is in a
position similar to the one from which you retired .
Working for a CalPERS Employer
in a Permanent Capacity After
Disability Retirement
Under Government Code section 21232, disability
or industrial disability retirees may seek permanent
employment while receiving retirement benefits
with CalPERS’ written pre-approval . However,
certain restrictions apply .
Your job duties must differ significantly from those
required in the position from which you retired . The
position should not be the same position from which
you retired or in the same member classification, and
the position should not include duties or activities
you were restricted from performing at the time of
your retirement . If you are approved to work, you will be required to report your earnings to CalPERS and
your retirement allowance will be subject to an
earnings limit .
To be eligible for employment, you must first meet
the following requirements (refer to specific sections
in this publication):
• The bona fide separation requirement,
if applicable .
• The 180-day wait period requirement or an
allowable exception .
• No receipt of unemployment insurance payments
for previous retired annuitant employment for
12 months before the appointment .
• State Employer Civil Service Eligibility for
employment with a state agency employer .
Disability Retirees – Additional Requirements and Restrictions (continued) 16 Applying to Work Under Government
Code Section 21232
You must have CalPERS’ written approval before
beginning employment . To request approval to
work for a CalPERS employer in a permanent parttime or full-time position while receiving disability or industrial disability benefits, you must submit
the following required documents to CalPERS:
• Request to Work While Receiving Disability/
Industrial Disability Retirement Benefits form
− You complete and sign Section 1 .
− Your prospective employer
completes and signs Section 2 .
• Physical Requirements of Position/
Occupational Title form
− You and your prospective employer must
complete all sections and sign jointly .
• Position duty statement
− Submit to CalPERS a position duty
statement provided by your prospective
employer that describes the permanent
position in which you wish to work .
• Current medical report(s)
− You must schedule an appointment with
a specialist for the disabling condition(s)
that precluded you from working, and
you must provide the specialist with a
copy of the position duty statement and
the completed Physical Requirements
of Position/Occupational Title form .
Disability Retirees – Additional Requirements and Restrictions (continued) − Provide to CalPERS a current medical report
from that specialist . If you had more than one
disabling condition at the time of retirement,
you must provide a medical report on
appropriate letterhead from each medical
specialist . The specialist(s) must include the
following pertinent information in their
medical report:
• Your name and the date of the most
recent examination .
• Confirmation that the specialist reviewed
and discussed with you the position duty
statement (by title) and the Physical
Requirements of Position/Occupational
Title form .
• Whether you have any limitations or
restrictions to performing all tasks involved .
• Specific details explaining the restrictions,
if any .
• Specialist’s signature, printed name,
medical specialty, and contact information .
• Additional required documents –
local safety retirees
− If you are a local safety disability or local
safety industrial disability retiree, you must
also submit the medical documentation
used at the time of your retirement identifying
the restrictions placed upon you . You must
also submit a position duty statement
describing the position you held when
you became disabled .
• Physician’s Report on Disability form is not required .
All the forms are available on our website
at www.calpers.ca.gov .
17 Disability Retirees – Additional Requirements and Restrictions (continued) For CalPERS to begin the determination process,
which can take approximately three months to
complete, you must submit all required documents
with your request form . There are times when
we may require additional information or an
independent medical examination to supplement
your medical specialist’s report . If so, we will
select the medical specialist, schedule the
appointment, and pay for the examination .
All permanent employment under
Government Code section 21232
requires CalPERS’ written approval prior
to employment; there are no exceptions .
If you violate this law, you and your employer
will be responsible for the unlawful
employment . This could result in your
mandatory reinstatement from retirement
into the current position, whether or not
the permanent position is part time or
full time . See “Termination of Retirement
(Reinstatement From Retirement) Due to
Unlawful Employment” on page 4 for details .
Once Approved Under Government
Code Section 21232
Retirees approved to work under Government
Code section 21232 do not accrue service credit
or otherwise acquire retirement rights for
employment as a retiree .
You will be informed of the amount of your earnings
limit and how to report your earnings . The total
employer-paid portion of your monthly retirement
benefit and your new earnings cannot be greater
than the current compensation of the position from
which you retired . If it is greater, your retirement
benefit will be reduced . The earnings limitation
continues as long as you are employed in the
approved position; it does not end when you
reach your service retirement age .
If you wish to change to a different employer,
change job location, change to a different job
(demotion, reclassification, lateral transfer,
promotion, etc .), or restart employment in
a previously approved position, you must
reapply to CalPERS and await our written
approval before beginning employment .
If you do not receive prior written approval,
you will be considered unlawfully employed
and subject to reinstatement, i .e ., termination
of retirement . There are no exceptions to
this requirement .
You cannot be concurrently employed in any other
positions (retired annuitant, other temporary
position, or another permanent position) with the
employer you are approved to work for or any other
CalPERS-covered employer(s) . If you are found in
violation of this requirement you will be subject to
mandatory reinstatement from retirement into the
approved position . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
18 How to Contact Us
Experience CalPERS
Through Social Media
Connect with us to get the latest
CalPERS news .
Find Us Online
www.calpers.ca.gov
Learn about your benefits and
subscribe to email alerts . You’ll also
find all our publications and forms .
my.calpers.ca.gov
Log in to access your account
information or send us a
secure message .
news.calpers.ca.gov
Stay up to date on CalPERS news
that matters to you .
Write to Us
California Public Employees’ Retirement System
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Call Us
Our offices are open Monday through Friday,
8:00 a .m . to 5:00 p .m . We’re closed on state holidays .
Toll free: 888 CalPERS (or 888-225-7377)
TTY: (877) 249-7442
Fax: (800) 959-6545
International Calls: +1 916-795-3000
¿Hablas Español?
Para servicio en español marque:
888 CalPERS (o 888-225-7377)
19 Visit Your Nearest CalPERS Regional Office
Go to www.calpers.ca.gov/regionaloffices
to learn how to make an appointment and
prepare for your visit .
Sacramento Regional Office
Lincoln Plaza East
400 Q Street
Lincoln Plaza East, Suite 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Blvd ., Suite 200
Walnut Creek, CA 94597
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Ave ., Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Blvd ., Suite 750
Orange, CA 92868
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
20 Privacy Notice
The privacy of personal information is of the utmost
importance to CalPERS. The following information is
provided to you in compliance with the Information
Practices Act of 1977 and the Federal Privacy Act of 1974.
Information Purpose
The information requested is collected pursuant to the
Government Code (sections 20000 et seq.) and will be
used to conduct CalPERS Board of Administration duties
under the Public Employees’ Retirement Law, the Social
Security Act, and/or the Public Employees’ Medical and
Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to submit
the required information may result in CalPERS being
unable to perform its functions regarding your status.
Please do not include information that is not requested.
Social Security Numbers
Social Security numbers are collected either on a
mandatory or voluntary basis. If this is CalPERS’ first request for disclosure of your Social Security number,
then disclosure is mandatory. If your Social Security
number has already been provided, disclosure is
voluntary. Due to the use of Social Security numbers
by other agencies for identification purposes, we
may be unable to verify eligibility for benefits without the number.
Social Security numbers are used for the
following purposes:
1. Enrollee identification
2. Payroll deduction/state contributions
3. Billing of contracting agencies for employee/
employer contributions
4. Reports to CalPERS and other state agencies
5. Coordination of benefits among carriers
6. Resolving member appeals, complaints, or
grievances with health plan carriers
Information Disclosure
Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with
current statutes regarding confidentiality.
Your Rights
You have the right to review your membership files
maintained by CalPERS. For questions about this notice, our Privacy Policy, or your rights, please write to:
CalPERS
CalPERS Privacy Officer
400 Q Street
Sacramento, CA 95811
You may also call us at 888 CalPERS (or 888-225-7377).
CalPERS is governed by the Public Employees’ Retirement Law and the Alternate Retirement Program provisions in the Government Code, together referred to as the Retirement Law. The statements in this publication are general. The Retirement Law is complex and subject to change. If there is a conflict between the law and this publication, any decisions will be based on the law and not this publication. If you have a question that is not answered by this general description, you may make a written request for advice regarding your specific situation directly to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811.
California Public Employees’
Retirement System
400 Q Street
P .O . Box 942701
Sacramento, California 94229-2701
888 CalPERS (or 888-225-7377)
www.calpers.ca.gov
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June 2023
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