(a) For purposes of working for a CalPERS-covered employer after retirement pursuant to Article 8, of Chapter 12, Part 3, Division 5 of Title 2 of the Government Code, a member who has not attained normal retirement age shall have a bona fide separation in service. A bona fide separation in service is defined as:
- (1) no predetermined agreement between the employer and the member prior to retirement to return to work for the employer after retirement; and
- (2) a separation in service of at least 60 calendar days between the date of the member's retirement and the first day of work for the employer as a retired person. The 60 days shall commence on the day after retirement.
- (b) Any retired person employed in violation of this regulation shall be subject to the consequences provided in Government Code section 21220.
- (c) In the event an emergency has been declared as provided in Government Code Section 8558 that requires the employment of a retired person, the 60 calendar day separation in service requirement set forth in subdivision (a)(2) of this regulation shall not apply.
Note: Authority cited: Sections 20121 and 21220.5, Government Code. Reference: Section 21220.5, Government Code.
History
1. New section filed 8-20-2004; operative 9-19-2004 (Register 2004, No. 34).