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Última modificación: 29 de abril de 2025

Norma 5210 Reempleo de jubilados del Sistema de Jubilación de Utah (URS)

Propósito:

The purpose of this policy is to provide an opportunity for Provo City School District to employ retirees who have prior experience without having to wait a full year to re-enter employment in an agency that provides Utah Retirement Systems Benefits.

Definiciones:

  1. At-will employee: the employer or employee can end the employment agreement at any time and for any reason, as long as it is not for unlawful reasons such as discrimination, retaliation, or exercising a legal right.
  2. Utah Retirement System (URS): state-run organization that manages retirement and insurance benefits for Utah public employees. URS administers pension plans and retirement savings plans for state, local government, and public education employees.
  3. Bona fide termination of employment: permanent separation from employment or a fee-for-service relationship with any participating employer and separation from employment without a prearrangement that anticipates postretirement reemployment or a postretirement fee-for-service relationship with a participating employer.

Reemployment Requirements

Retirees who are reemployed with prior experience will be “At-will” employees for one year. Salary schedule placement shall be at level 1 of the appropriate lane for which the employee is qualified. Any exceptions will be made through Policy 5320. The hired individual shall be treated as a provisional employee for the purposes of evaluation (Policy No. 5020 P3).

A retiree who is reemployed after July 1, 2010, by the district within one year of the date of the person’s retirement will have his or her retiree’s allowance cancelled by the Utah State Retirement Office and be reinstated as an active member of the State retirement plan, effective the first day of the month following the date of reemployment unless:

  1. the retiree is not reemployed by the district for a period of at least sixty (60) days from the retiree’s retirement date;
  2. the retiree has a bona fide termination of employment as of the date of retirement;
  3. upon reemployment after the break in service, the retiree does not receive any District provided benefit, including:
    • prestaciones médicas;
    • prestaciones dentales;
    • other insurance benefits except workers’ compensation and withholdings required by state and federal law for Social Security, Medicare, and unemployment insurance;
    • paid time off, including sick, annual or other type of leave;
  4. el jubilado no gane en ningún año natural de reempleo una cantidad superior a la menor de las siguientes:
    • $15.000; o
    • La mitad del salario medio final del jubilado sobre el que se basa la prestación de jubilación del jubilado.

If the employee retires again within a two-year period from the date of cancellation of the original allowance, the original allowance will resume. Otherwise, if the employee retires after the two-year period, then his or her original allowance will resume, and the retiree will receive an additional allowance based on the formula in effect at the date of the subsequent retirement for the service credit accrued between the first and subsequent retirement dates.

A retiree who is reemployed after July 1, 2010, by the district more than one year from the date of the retiree’s retirement may elect to:

  1. Obtener un crédito de servicio adicional y cancelar la prestación de jubilación del jubilado; o bien
  2. Receive the retiree’s retirement allowance and forfeit any retirement related contribution from the district.

If the retiree is not otherwise eligible for retirement coverage in the reemployed position, the Utah State Retirement Office shall cancel the allowance of a retiree; and the district shall pay the amortization rate to the office on behalf of the retiree.

If a retiree is reemployed in the Provo City School District after July 1, 2010, the District shall immediately notify the Utah State Retirement Office. In addition, the district shall provide information indicating:

  1. Si el jubilado volvió a trabajar en el plazo de un año a partir de la fecha de jubilación; y
  2. Si el jubilado vuelve a trabajar transcurrido más de un año desde la fecha de jubilación, si el trabajador opta por:
    • Obtener un crédito de servicio adicional y cancelar la prestación de jubilación del jubilado; o bien
    • Receive the retiree’s retirement allowance and forfeit any retirement related contribution from the district.

It is the responsibility of the reemployed retiree to report to the Utah State Retirement Office his or her reemployment status. It is the Utah State Retirement Office that ultimately determines the impact, if any, of a retiree’s reemployment with the district on the retiree’s eligibility for and benefits under the Utah State Retirement System. Therefore, the retiree should contact the Utah State Retirement Office to verify the impact of any reemployment decision prior to accepting reemployment with the district.

The Utah State Retirement Board has stated that it will typically find that a retiree has not had an effective termination of service for purposes of the break in employment requirement if prior to retirement the employee has or had any type of prearrangement which anticipates a post-termination of employment fee-for-services relationship with any employer participating in the Utah State Retirement System. In addition, volunteer service for a participating employer may constitute employment or reemployment if there is a prearrangement of any kind that anticipates that the volunteer service is given in exchange for or as a condition of future employment or any fee-for-service relationship with any participating employer or there is any kind of deferred compensation for the volunteer service.

Referencias jurídicas y normativas

Aprobado por la Junta Directiva

  • 10 de noviembre de 2015
  • Revisado: 28 de marzo de 2025
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