FAQs

No. If you are employed by the County as an independent contractor, consultant or contract employee (as defined in IRS regulations), your employment is not subject to the Retired Annuitant restrictions specified in the County policy.

Employment as an independent contractor cannot be used in an attempt to subvert the Retired Annuitant restrictions.

Possibly. You must meet the definition of an independent contractor. Employment as an independent contractor cannot be used in an attempt to subvert the Retired Annuitant restrictions.

Upon review, should SCERS determine that the third-party employment relationship in fact constitutes a common-law employer-employee relationship, the policy restrictions will apply.

Possibly. Employment with an employment agency cannot be used in an attempt to subvert the Retired Annuitant restrictions.

Upon review, should SCERS determine that the third-party employment relationship in fact constitutes a common-law employer-employee relationship, the policy restrictions will apply.

No. If the prospective retired annuitant is collecting or has collected UI compensation based on prior employment (other than Sacramento County or any other public employer) during the 12 month period prior to their appointment as a retired annuitant with Sacramento County, they would still be eligible for employment with Sacramento County.

Yes, if the individual is receiving UI compensation due to prior employment with an entity other than a public employer.

Even though Sacramento County is being charged for a portion of those benefits, based on wages earned from Sacramento County during the base wage period identified by the Employment Development Department (EDD), the individual can be hired or can continue their employment with Sacramento County as a retired annuitant because the reason for receiving the compensation is not associated with their prior/current employment with a public employer.

The prospective/current retired annuitant should contact their department HR representative, if they have questions regarding this process.

The department’s HR representative will contact the Department of Personnel Services, UI Analyst.

Yes. This may result in the mandatory termination of the retired annuitant (per Government Code 31680.2, 31680.3 and 31680.6) after Sacramento County confirms that the retired annuitant received UI compensation based on their previous/current employment with a public employer.

The Employee Development Department (EDD) will notify the County when a claim is received and/or paid.

With approval from the department’s appointing authority or designee, the retired annuitant can continue to work in the current pay period; however, they must be terminated from Sacramento County service at the end of that pay period.

It would begin from the last day they received UI compensation as a direct result of separation of employment from any public employer.

Yes, it is required.

Yes. If EDD accepts the return of the UI compensation and credits the public employer’s UI account, the retiree would become eligible for appointment provided that they meet all other requirements.

Yes. When it is determined that a retired annuitant (who is currently working for Sacramento County) has received UI compensation, they must be terminated by no later than the last day of the current pay period in which Sacramento County receives notification.

If the retired annuitant would like to return their UI compensation to EDD in order to continue working for Sacramento County, they must inform their department. If the department would like to rehire the retired annuitant, the retired annuitant must inform EDD that they would like to return their UI compensation.

After EDD accepts the UI compensation and credits the public employer’s UI account, the retired annuitant would then be eligible for reappointment provided that they meet all other requirements.

“Severance of employment” is defined as a break in service from Sacramento County employment, prior to their appointment as a retired annuitant, of at least one hundred eighty (180) days or sixty (60) days if the retiree is a public safety officer or firefighter following his/her date of termination; did not receive a retirement incentive; and did not enter into a prior agreement or understanding, either orally or in writing, that the retiree would resume providing services for Sacramento County after retirement.

Yes. However, retired annuitants who are required to maintain their peace officer status for off duty assignments are exempt. The department has the discretion to release/terminate the retired annuitant at any time prior to three years.

Yes. If they do not meet the requirements for reinstatement, they may still be able to be appointed provisionally or can be appointed as a certified temporary provided that all the requirements for the particular type of appointment are met.

Retired annuitants who are reinstated may receive any salary step in the class up to and including the step received at the time of resignation from their permanent position. (See Personnel Ordinance 2.78.435)

Retired annuitants who are either provisionally appointed or certified temporary receive the entry-level salary step of the class, unless another step is approved by the Sacramento County Executive or a designated authority. (See Personnel Ordinance 2.78.415 and 2.78.470)

Yes, with the approval of the Director of Personnel Services and at the discretion of the Appointing Authority.

A former employee who is reinstated to a temporary position, within three years of resignation, in good standing, may be further reinstated to a permanent position in the same class even though more than three years have passed, since the person resigned from the permanent position, provided there has been no break in the temporary service. The former employee, must be on the eligibility list for the job class or be provisionally appointed, in absence of an eligibility list.

The three-year reinstatement period shall not commence until the date on which the former employee’s continuous County employment terminates.

For the purposes of this policy, “continuous County employment” means uninterrupted employment in any position or positions as an officer or employee of the County of Sacramento, a municipal court district in the County of Sacramento, the Sacramento Superior Court or a joint powers agency organized under the provisions of the Government commencing with Section 6500 which includes the County of Sacramento as a contracting party; provided that the employee meets the minimum qualifications of the class to which the employee is reinstated as specified in the civil service class specifications for the class at the time of reinstatement.

They earn vacation leave accruals. However, they do not earn sick leave accruals. Retired annuitants receive the same benefits as other temporary employees with the exception of the Deferred Compensation Part-Time/Seasonal/Temporary (PST) Plan.

No, they are not eligible for management differential.

If a retired annuitant is in a class that is represented, please refer to the applicable labor agreement. If they are not in a represented class, refer to the applicable special pay allowance section within the Sacramento County Salary Ordinance.

Note: If the language refers to “regular employees”, the differential would not apply to retired annuitants because they are considered “temporary employees.” If the language states “employees” and the retired annuitant meets the requirements for the differential, they would be eligible to receive the differential.

Use Z002 (Attendance Extra Help In-Lieu) if temporarily filling behind a permanent employee.

Use Z003 (Attendance Extra Help) for all other reasons.

The 12 month period (designated by the Board of Supervisors) begins and resets every calendar year on January 1st.

No. You cannot work or receive payment more than 960 hours regardless of any job class change or Department change.

Any compensation received for work performed in excess of the 960 hour limitation must be returned to the County or you will risk having your retirement benefits suspended and you will be returned to a regular, temporary status County employee.

You must repay the County in one lump sum payment. The County must be repaid in full before you can continue to work as a Retired Annuitant.

Any hour for which the Retiree receives compensation counts toward the 960 hour limit.

Hours include (not limited to):

Attendance Extra Help (Z003)
Attendance Extra Help In-Lieu (Z002)
Instructor/Trainer (Z060)
Seminar Training (Z061)
Overtime at Straight Pay – Extra Help (Z017)
Overtime Pay earned (Z010)
Overtime Sworn Straight Pay (Z012)
Xmas/New Year Holiday (Z151)
Standby (Z030)
Compensatory Time Off (CTO) – (Z130)
Vacation (Z110)
Compensatory Time Off (CTO) – expired and paid
Compensatory Time Off (CTO) –paid over the maximum
Vacation hours paid that exceed the accrued maximum
Terminal vacation hours paid at time of a retired annuitant’s termination
Terminal CTO hours paid at time of a retired annuitant’s termination
SDI payments, balances used
Personal Time Off (PTO) – (Z135)
Military Pay

No. Since all provisional appointments must be terminated within twenty days after the date on which the eligible list was established for the class (per Civil Service Rule 7.5) and they are not in a reachable rank to be eligible for appointment as a certified temporary, they will not be able to continue their employment with Sacramento County as a retired annuitant in that class.

No. If the retiree will continue to receive a service retirement allowance (pension) from SCERS, they can only be appointed as a retired annuitant and must be placed into a temporary position; all limitations associated with retired annuitants will apply.

If a retiree receives an offer of permanent/regular employment and would like to accept it, the retiree must contact SCERS and submit an Application for Suspension of Retirement Allowance (along with other required documents such as an official memorandum from the employing County department confirming their intent to hire) directly to SCERS. SCERS will then confirm that the retiree is eligible to resume work as a permanent/regular employee with Sacramento County and to ensure that the service retirement allowance is suspended prior to the return-to-work date as required under Government Code Section 31680.7.

For further information on this process, please review the Frequently Asked Questions regarding “Re-employment After Retirement under Government Code 31680.7”, which can be obtained from the SCERS web site.

If you are laid-off from County employment and you subsequently elect to retire, you have intentionally severed your remaining employment relationship with the County, including your right to re-employment from the re-employment list and related benefits associated with the re-employment process.

Accordingly, you would not be entitled to reinstatement of any sick leave accruals that existed at the time of your lay-off, since when you retired, your sick leave accruals were used to establish your retirement benefits. You may still work as a Retired Annuitant, as long as you meet the eligibility requirements and notify SCERS of your intentions.

Yes, if you resign in good standing and meet the criteria for a retired annuitant. Check with SCERS to confirm your retirement status and notify the County of your retirement upon application for a retired annuitant

Appointment of Retired Annuitants FAQs

1. If I worked for the County as an independent contractor, do the restrictions contained in the policy apply to me?

2. If I retire from County service, can I return as an Independent Contractor?

3. If I worked at the County through an employment agency, do the restrictions contained in the policy apply to me?

4. Are all prospective and current retired annuitants (who receive UI compensation) automatically ineligible to be hired or to continue their employment as a retired annuitant?

5. Would the prospective retired annuitant still be eligible if they are receiving UI compensation due to prior employment with an entity (other than a public employer) but Sacramento County is being charged for a portion of their UI compensation?

6. Who should be contacted to verify if a retiree has received UI compensation during the 12 months prior to employing them as a retired annuitant?

7. If a retired annuitant files a UI claim, while working for Sacramento County, must they inform their department?

9. If the retired annuitant continues to receive UI compensation after their termination due to the retired annuitant UI prohibition (Government Code Section 31680), when would their 12 month ineligibility period begin?

10. Is it mandatory for all prospective retired annuitants to complete and sign the self-certification form prior to working as a retired annuitant for Sacramento County?

11. Can a retiree return their UI compensation to EDD in order to become eligible for appointment as a retired annuitant?

12. If a retired annuitant (who is currently working for Sacramento County) is willing to return their UI compensation to EDD in order to continue working as a retired annuitant, must they still be terminated?

13. How long must a prospective retired annuitant have to be separated from Sacramento County service (severance of employment) before they can return as a retired annuitant?

14. Must all retired annuitants, who have not worked for three years or more, be terminated from Sacramento County service?

15. If a prospective retired annuitant applies for appointment beyond the three year reinstatement period, is there another way to appoint them as a retired annuitant?

16. When the retired annuitant is reinstated, provisionally appointed or is certified temporary, what would be their correct step placement?

17. Can a former employee who held permanent status in a class at the time of retirement, in good standing, be appointed to a vacancy in that class beyond the three year reinstatement period?

18. Does a retired annuitant earn vacation and sick leave accruals when working for Sacramento County?

19. Is a retired annuitant, who is appointed to a management class, entitled to a 3.35% management differential?

20. Is a retired annuitant, who is appointed to any class, eligible to receive other differentials?

21. What attendance code (to record their time worked) should be indicated on the retired annuitant’s timesheet?

22. Retired annuitants are limited to compensation equating to 960 hours within a 12 month period. When does the 12 month period begin?

23. Can I be compensated for more than 960 hours in a 12 month period?

24. What happens if I receive compensation for work over the 960 hour limit by mistake?

25. If it was necessary to pay the County back for hours worked in excess of the 960 hour limit, how would that work?

26. What types of attendance and paid leave hours are included in the 960 hours limit?

27. If a retired annuitant is provisionally appointed and takes the civil service examination for the class but is not in a reachable rank on the eligible list for that class, can the retired annuitant continue as a provisional employee?

28. Can a department appoint a “retiree” to a permanent, regular position?

29. If I choose to retire after being laid-off from County employment, what impact will that have on my ability to work as a Retired Annuitant or regular County employee?

30. If I leave County service and retire after resigning, can I still apply as a retired annuitant?