You may work for any employer other than an ACERA participating employer for any
amount of time without affecting your retirement allowance.
Working For an ACERA Participating Employer After Retirement Has
Restrictions and Duration Limits
Note: Most of these limits have been suspended for the
duration of the Governor’s declared emergency in response to the
COVID-19 pandemic. The only remaining restriction during the
emergency is the last restriction in the list. See our COVID-19 update
page for more information.
Once you retire as an ACERA member, and begin receiving an ACERA
benefit, there are rules, regulations, policies, and laws which
govern your ability to return to work with an ACERA participating employer.
Retired members may not be paid for service to an ACERA
Participating Employer and continue to receive their retirement
allowances except in limited and specific circumstances. In
situations where the participating employer believes an ACERA
retiree possesses special skills or knowledge, the law allows the
participating employer to hire that retiree on a temporary
basis—for a limited duration and for a period of 960 hours per
fiscal year—without suspending the retiree’s retirement
allowance; however, the following restrictions apply:
You May Not Have a Prearranged Agreement to Return to
Work: A member who retires cannot have a prearranged
agreement (either written or oral) to return to work for the
employer after retirement, regardless of the length of the
break in service.
General Members Must Wait 180 Days: Regardless
of your age at retirement, general ACERA members who have
retired won’t be eligible to return to work (for a limited
duration, in any capacity, in any form) for an ACERA employer
for a period of 180 days following retirement, except under
special circumstances. (This even applies to work under
contract or via an employment agency).
If there are special circumstances, the employer can
certify in writing it is necessary to fill a critically
needed position and the hiring has been approved by the
Board of Supervisors or governing body of the
Participating Employer in an open public meeting and not
on the consent calendar.
Safety Members Under 50 Must Wait 90 Days:
ACERA safety members cannot return to work within 90 days of
retirement if they retire at an age younger than 50, except
under special circumstances, under IRS rules.
You May Not Work For More Than 960 Hours Per Fiscal
Year: An eligible retiree may return to work for a
limited duration of time with a participating employer and for
a period of 960 hours or less in any fiscal year and continue
to receive his/her retirement allowance. Sometimes this is
called becoming a “Retired Annuitant.” During this limited
duration post-retirement employment, the member will not accrue
any additional ACERA service credit or pension benefits, nor
will the member or the employer pay contributions for this
Your Pay Must Fall Within the Range of Other Employees
Performing Comparable Duties
All Incentivized Retirees (General and Safety) Must
Wait 180 Days: ACERA members who received a retirement
incentive, such as a golden handshake or early separation
program payoff, won’t be eligible to work for an ACERA employer
for a period of 180 days following retirement.
You Cannot Have Collected Unemployment Compensation
Within the Prior 12 Months: You are not eligible to
return to work if you have collected unemployment compensation
arising out of prior employment with a public agency during the
12 months before your appointment to the position with one of
ACERA’s participating employers.
If You Return to Work For an ACERA Employer, You Can’t
Get Medical Subsidies For Via Benefits Healthcare Plans
If you an ACERA retiree who is enrolled in an individual plan
through the Via Benefits, the Affordable Care Act disallows ACERA
from providing premium and other reimbursements (such as the
Medical Allowance) during time of employment. However, if you
are in a group plan such as through Kaiser Permanente or
UnitedHealthcare, you can still receive medical subsidies.
Working After Retirement May Affect Social Security
Working after retirement may affect your Social Security benefit.
Social Security website for more information.