[IPAC-List] Rehiring Retired Personnel

[Mark Hammer]

Indeed, I was chatting with a guy at the bus-stop yesterday.  "Hi, Keith, I thought you retired."  "Well, I'm technically retired, but I'm working casually, now, because they needed someone to replace a person who's off.  I can only work 30 working days during the calendar year, so it's basically 3 days a week for a little while, then I drop back to 2 a week, and by July I'll be off for the rest of the year."  "Is it a one-time thing or do you plan on continuing?"  "Well, we'll see if I like it, and if the need is there next year.  But no fixed plans yet."

So, yeah, arrangements do exist whereby the collective agreement is not contravened by the rehiring of a retired employee, assuming that they do not come back as if they were a full time employee and sidestep all the normal merit-based processes.  Of course, in a great many cases, coming back to work full-time would have a tax implication so most folks drawing a pension probably wouldn't want to work full-time anyway, whether it breaches the CA or not.  If it was the case that the employer pays the returning employee LESS than a regular employee in order to sidestep the tax implication, THEN I would expect bargaining agents to get rather testy.

Of course, how things work in the world of police forces is foreign to me.  I'm just an unarmed public servant.

Mark Hammer
Ottawa


>>> Ines Fraenkel <Ines.Fraenkel at sfgov.org> 2009/04/29 2:49 pm >>>

Eran,

This is dangerous ground as it is a bypass of the collective bargaining
agreement and can be considered a breach.  However, you can have a 'meet
and confer' with your union to consider the realities that you describe,
and if it is of the same mind (that there are no eligible or willing
candidates for promotion), it may agree to let the department/county hire
persons outside an eligibility list (i.e., retirees, contract employees,
etc.) this time around.

Another point to consider though, is that retirees may only be able to work
up to a certain number of hours per year with their previous employer, to
continue to be eligible to receive benefits.  This is not my area of
expertise but I seem to recall something like that coming up in a case.

Hope these responses are helpful.

Ines Vargas Fraenkel
Chief Supervising Attorney - Office of Citizen Complaints
25 Van Ness Ave., Suite 700
San Francisco, CA 94102
(415) 241-7738 direct
(415) 518-6052 cell
(415) 241-7733 fax
ines.fraenkel at sfgov.org 
www.sfgov.org/occ 




                                                                           
             "Arbel, Eran"                                                 
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Hi All,



I would appreciate any information about the following issue:



One of our uniformed departments is considering rehiring retired
officers (Lieutenants and/or Captains) into positions that are covered
under the collective bargaining agreement, because of a decrease in
candidates who are eligible and/or willing to be promoted. Have any of
you encountered a similar situation. What were the repercussions and how
was the situation handled?



Eran Arbel, MS, SPHR

Human Resources Analyst - Selection & Assessment

Broward Sheriff's Office Human Resources Bureau

Phone: (954) 321-4408

Fax: (954) 321-4431





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