Post-retirement employment in the public schools, institutions, and agencies covered by TRS is allowed after the break in employment outlined in OAC 715:10-17-2 has been met. Employment subject to this section shall include any services performed by a retired member, as defined in this subchapter, except for payments received as an employee of the State Department of Education pursuant to 70 O.S. § 17-103(7) or as an independent contractor or consultant, pursuant to a lawful contract that complies with the requirements of 70 O.S. § 6-101.2(B) and which is approved by TRS within sixty (60) days of the contract's effective date. TRS will follow guidelines in 70 O.S. §6-101.2(B) and federal guidelines from the Department of Labor and the Internal Revenue Service in determining when a retired person qualifies as an independent contractor or consultant.

Amended at 10 Ok Reg 3879, eff 7-12-93

Amended at 20 Ok Reg 384, eff 12-9-02 (emergency)

Amended at 20 Ok Reg 2596, eff 7-11-03

Amended at 37 Ok Reg 37, eff 9-3-19 (emergency)

Amended at 37 Ok Reg 2248, eff 9-11-20

Amended at 40 Ok Reg 1293, eff 9-11-23

<div>Amended at 42 Ok Reg, Number 5, effective 10-15-24 (emergency)¹</div>

<div>¹<em>This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 9-15-25 (after the 9-14-25 expiration of the emergency action), the text of section 715:10-17-5 reverted back to the permanent text that became effective 9-11-23.</em></div>