Post Retirement Employment Guidelines

Q: Who determines maximum allowable earnings in the calendar year?

Massachusetts General Law Chapter 32 sections 91-91A determine the maximum allowable earnings.

Q: What must a 960 hour Employee do if s/he exceeds the maximum allowable earnings in the calendar year as determined by Massachusetts General Law Chapter 32 Sections 91-91A?

If a 960 hour Employee exceeds the maximum allowable earnings in the calendar year as determined by Massachusetts General Law Chapter 32 sections 91-91A, s/he must repay the excess amount to the agency in which s/he is employed.

Q: Can a post retirement employee be hired into a collective bargaining title? Do they have to be paid from the collectively bargained salary chart?

Collective bargaining titles can be used for post retirement positions, but it is not required that the employee pay rate be from the bargaining unit salary chart. Post retirement pay rate, including differentials, is negotiated between the employee and the employer.

Q: Do post retirement employees have to pay union or agency fee dues?

No. Post retirement employees may choose to voluntarily contribute dues or fees to the union but are not required to. Voluntary contributions may not be made through a payroll deduction.

Q: Can a post retirement employee negotiate a higher pay rate than the rate they retired at? Can they receive a pay increase?

Yes, so long as their maximum calendar year earnings comply with M.G.L. Ch 32 section 91 maximum earnings definition.

Q: If an employee temporarily waives his/her retirement allowance and returns to full time employment do they resume contributions to state retirement plan?

Yes. It is also permissible for them to waive the receipt of their retirement allowance for the period of their full time employment so as to not violate the maximum allowable earnings limitations in M.G.L. Chapter 32 sections 91and 91A.

Q: Is a post retirement employee eligible for unemployment benefits?

Post retirement employees may apply for unemployment compensation. The Division of Unemployment Assistance will determine their eligibility.