A "retired annuitant" is a CalPERS retiree who, without applying for Reinstatement From Retirement, returns to work with a CalPERS employer in a designated retired annuitant position. You don't need CalPERS' approval to work as a retired annuitant, however, you and your employer have equal responsibility to ensure your potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33) (PDF).
The requirements are based on California Public Employees' Retirement Law (PERL) and federal tax law. If you work in violation of these laws, CalPERS must terminate your retirement and collect all the retirement allowance paid to you during the period of unlawful employment.
Basic requirements include:
If you're on a disability or industrial disability retirement there are additional restrictions related to age, the type of work you can do, and a limit may be placed on your retirement allowance relative to your post-retirement earnings.
As a disability retiree, the law prohibits you from being employed without reinstatement in the same position from which you retired or in a position which includes duties or activities you were restricted from performing at the time of your disability retirement.
Employment with a CalPERS employer as an independent contractor, consultant, contract employee, or employee of a third-party employer will still be subject to the retired annuitant requirements if the employment constitutes a common law employer-employee relationship.
We recommend you contact us to request an independent contractor determination before you sign any such agreement and/or begin this type of work.