New Proposed Rule for Hiring a Retiree

By Jessica A.R. Thomas, ASRS Rules Writer

The ASRS is currently undergoing the rulemaking process to establish a rule regarding retirees returning to work.  In addition to obtaining approval from the Governor’s office to complete this rulemaking, the ASRS filed a Notice of Docket Opening with the Secretary of State, notifying the public of the ASRS’s intent to create this new rule. 

The new rule will require retirees who return to work with an ASRS Employer for at least 20 hours per week for at least 20 weeks in a fiscal year, to submit a Working After Retirement form to the retiree’s Employer.  The rule will also require the Employer to verify the information on the form and submit the approved form to the ASRS.  Finally, the rule will require Employers to submit updated Working After Retirement forms to the ASRS whenever there is a change in the retiree’s employment status.  These forms are submitted electronically through the retiree’s and Employer’s secure ASRS website accounts. 

If the retiree is found to be working in violation of the return to work laws contained in Arizona Revised Statutes §§ 38-766 and 38-766.01 the ASRS shall notify the retiree of the violation and the retiree will be required to indicate what action the retiree will take in order to correct the violation.  If the retiree fails to indicate how the retiree will correct the violation, the ASRS shall suspend payment of the retiree’s retirement benefits, unless and until the retiree’s Employer provides notice that the violations have been corrected.  Although the new rule has not yet been completed, if you have any questions or comments regarding this rule, please contact the ASRS Rules Writer, Jessica Thomas

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