Can a department rehire a retiree? Individuals who have retired from the University (or other State of Mississippi service) may be re-employed in accordance with the Public Employees' Retirement System of Mississippi Regulation 34, Reemployment After Retirement.

If the employee retired under the 2002 MSU Retirement Incentive Plan, permission must be obtained through the chain of command, up to the Vice President (as of September 2005).

When can a retiree be rehired? Faculty and staff who have retired from MSU (or other State of Mississippi agency) can be reemployed after a 45-day consecutive calendar day break from the effective date of retirement (date should be verified with HRM prior to offer), except for those who retired under the 2002 MSU Retirement Incentive Plan.

If the retiree is reemployed by the same or another covered employer in any capacity, including that of an independent contractor, within 45 consecutive calendar days from the effective date of retirement, the member shall be considered to have continued in the status of an employee and not to have separated from service.

How much time can a rehired retiree work in a fiscal year without losing their monthly benefit payment, and how much can they earn?

For retirees reemployed in other than an Elected Position, the Retirement System may not withhold a monthly benefit payment if the retiree is employed by a covered employer in the following instances:

• For a period of time not to exceed one-half (1/2) of the normal working days for the position in any fiscal year during which the retiree will receive no more than one-half (1/2) of the salary in effect for the position at the time of employment, or 

• For a period of time in any fiscal year sufficient in length to permit a retiree to earn not in excess of twenty-five percent (25%) of the retiree’s average compensation.

"Fiscal Year" shall mean the period beginning on July 1 of any year and ending on June 30 of the next succeeding year as provided by statute.

Do rehired retirees earn personal leave or major medical leave? Effective July 1, 2005, rehired retirees will no longer be eligible to accrue and utilize personal and major medical leave. In the event of an absence, departments should reduce the number of hours worked in a pay period during the regular payroll process for non-exempt employees.

When an exempt employee is absent, departments should process an Employment Action Form (EAF) to reduce the employee’s pay for the current pay period. Under Section G on the EAF, check Short Term Leave of Absence (w/o pay) and show the number of hours used. The time record showing the dates and number of hours missed should be attached to the original copy of the EAF and forwarded for processing.

Departments should maintain time records for a period of at least four (4) years.

For additional information, see PERS Regulation 34, Reemployment After Retirement

ACTION TAKEN BY

ACTIONS and RESOURCES

Hiring Department

• Determine the need to rehire a retiree

• If division procedures require:

  • Complete a Position Approval Request Form (PARF)

  • Submit the PARF for approval and signatures, up to the final administrative authority

  • Forward a copy of the PARF

    • Mail Stop 9603

    • 150 McArthur Hall,

    • Phone: 1-662-325-3713

    • Fax: 1-662-325-0753

   

  Requesting a Job Accommodation under the Americans With Disabilities Act (ADA)

   

  For Teaching Faculty, see SACS, Principles of Accreditation, Comprehensive Standards - Faculty

HR Policies - See Employment

Step 2

ACTION TAKEN BY

ACTIONS and RESOURCES

Hiring Department

Complete the hiring paperwork, including:

• Employment Action Form (EAF), which requires the same signatures as the PARF.

  • Employment Action Form requires Adobe Acrobat Reader 6.0 or higher

  • Employment Action Form opens in Excel

• Employment Eligibility Form (I-9) (includes instructions).

  • The I-9 must be completed within 3 days of date of hire, but may be completed once the applicant accepts position.

  • See BANNER form PWAININ to check for I-9 status for an existing or previous employee. The form will indicate whether a new I-9 is required.

• PERS Form 4B, Certification/Acknowledgement of Reemployment of Retiree

• The reemployed retiree should complete the Retiree Information and Retiree Acknowledgment sections and the department should complete the Reemployment Information and Employer Certification sections.

• The form must be attached to a completed Employment Action Form and forwarded to the Department of Human Resources Management at least five days prior to the reemployment date.

• If the termination date is known at the time of reemployment, please enter it in the Reemployment Information section. This will eliminate the need for a second form when the retiree terminates employment. Failure of timely notification to PERS may result in the assessment of a $300.00 penalty per occurrence payable by the department.

• Both hiring departments and rehired retirees should review PERS Regulation 34 and be aware that violation may result in penalties to the department and loss of monthly benefits for the retiree.

• Personal Demographic Data, which replaces the Biographic Data section on the previous version of the Employment Action Form, and the Vietnam Era Veterans, Special Disabled Veterans, and Other Eligible Veterans Identification Request Form.

• Form W-4 Employee's Withholding Allowance Certificate (federal)

• Mississippi Employees' Withholding Exemption Certificate, or applicable form for the state of employment, if other than Mississippi

• Requesting a Job Accommodation under the Americans With Disabilities Act (ADA) (if applicable)

  • Americans with Disabilities Act (ADA) Questions and Answers

   

  For teaching faculty who do not explicitly meet SACS Comprehensive Standards - Faculty, a letter justifying the applicant's credentials must be signed by the department head, dean, and vice president for academic affairs. The letter should provide evidence of outstanding professional experience and demonstrated contributions to the teaching discipline. Credentials for a foreign institution should be justified with an appropriate transcript analysis, such as that provided by AACRAO.

Send the above completed, signed forms to HRM, mail stop 9603

HR Policies - See Employment

Mississippi State University            Search the MSU Web            Human Resources Management