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Policy
Purpose: 

Case law and IRS private letter rulings require that a bona fide separation from service be established for purposes of accessing retirement funds. This policy establishes the parameters for post-retirement rehires to ensure that such separation has been established while addressing the University's occasional need for services of a retired faculty or staff member. Rehiring a retiree may occur only in accordance with the guidelines described in this policy and the rehiring must serve the best interests of the University as determined on a case-by-case basis.

Applies to: 

Retired faculty, academic staff, unclassified professional and university support staff members who seek reemployment with the University, regardless of the funding source. Participants in the phased retirement program are also subject to the provisions of this policy upon full retirement.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

A period of at least sixty calendar days should elapse between the effective date of the retirement and the date that a KU retiree may be rehired. For purposes of this policy, the effective date of retirement shall be dependent upon the mandatory retirement program in which the employee participates: KPERS/Kansas Police and Firemen (KP&F) or Kansas Board of Regents (KBOR) Mandatory 403(b) Retirement Plan.

Waiting Periods

KPERS and KP&F retirees: Kansas law requires a 60-day waiting period prior to rehire for retiring KPERS members and a 30-day waiting period prior to rehire for retiring KP&F members. See KPERS: Working After Retirement for more detailed information about waiting periods and work after retirement.

KBOR Mandatory Plan retirees: There is no KBOR required waiting period for rehire of a retired KBOR Mandatory Plan member. However, if a covered employee takes distribution from the 403(b) Plan upon retirement and is later rehired, penalties or additional taxes could result. See the Kansas Board of Regents Bona Fide Separation from Service memo for more information about taking distribution from your KBOR 403(b) Mandatory Retirement Plan.

Rehire Guidelines

A department may not rehire a retiree in the exact position with job duties and job title identical to those which the retiree held before retirement.

Prior to filling a vacancy and/or making a commitment to a retiree, the department must submit a letter of request to rehire a retiree through the appropriate administrative channels to the Provost Office (for faculty and academic staff appointments) or to Human Resources (for unclassified professional and university support staff appointments).

A department may ask to rehire a retiree into a temporary position limited to 999 hours in a calendar year without conducting a search.

A department that wishes to rehire a retiree into a regular full- or part-time position may do so only through the search process and only on a limited-term basis for a maximum of two years. Extensions of the appointment beyond two years must be requested from and authorized by the same administrative channels that authorized the rehire. Administrative offices will consider requests for extensions of appointments on a case-by-case basis to determine whether it is in the best interests of the University to end the appointment, to extend it for a specified period of time, or to permit its continuation without the limited-term designation.

Retiree rehires will be subject to the conditions of employment required for the position, e.g., serve at the pleasure of, contingent on funding, etc. In the event a position is benefits-eligible, the retiree rehire may enroll in any of the benefit programs available by virtue of the retiree's position and as prescribed by the retiree's respective retirement plan.

Exclusions or Special Circumstances: 

Requests to rehire employees submitted prior to the employees’ retirement will be considered only for employees who have an official retirement date accepted by the university. A retiree cannot be rehired outside the provisions of this policy.  Requests for exceptions to this policy should be submitted to the Office of the Provost and Executive Vice Chancellor, where they will be reviewed on a case-by-case basis.

Contact: 

(For faculty & academic staff)
Office of the Provost
Vice Provost for Faculty Development
250 Strong Hall
1450 Jayhawk Blvd.
Lawrence, KS 66045
785-865-4946
provost@ku.edu

(For unclassified professional & university support staff)
Department of Human Resources
103 Carruth-O’Leary Hall
1246 W. Campus Road
Lawrence, KS 66045
785-864-4946
hrdept@ku.edu

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Tuesday, September 29, 2009
Effective on: 
Thursday, October 1, 2009
Review Cycle: 
Annual (As Needed)
Definitions: 

Regular Positions: Appointments to regular positions may be either full-time or part-time and may be made on a fiscal year or academic year basis depending upon the type of employment. If the appointment is 50% or greater, the faculty/staff member is eligible for the employer subsidized benefits associated with "regular" employment, e.g. health insurance, retirement, paid leave appropriate for the type of employment, etc.

Temporary Positions: Appointments to temporary positions are not eligible for the employer subsidized benefits associated with "regular" employment, e.g. health insurance, retirement, paid leave, etc. Persons appointed to temporary appointments are eligible for some "voluntary" benefits, e.g. deferred compensation, savings bonds, etc. Appointments cannot be made to such positions for more than one year and must not exceed 999 hours in a calendar year. Persons appointed to staff temporary positions are not eligible for any salary increases.

'Limited Term' appointment: This appointment requires work for a specified time period, with a specified end date. Limited term appointments generally do not exceed 1 or 2 years in duration. This appointment is made to a "regular" position with appropriate benefits eligibility. An "acting" or "interim" appointment is viewed as a limited term appointment. Positions funded by external sources are not considered limited term but are, instead, viewed as being "contingent on funding."

'Effective Date of Retirement' for KPERS participants: the first day of the month that follows the last day in pay status. For example, if your last day in pay status is May 23, your effective date of retirement is June 1.

'Effective Date of Retirement' for KBOR program participants: the day after the last day in pay status.

'Effective Date of Retirement' for individuals who participate in both KPERS and KBOR retirement plans: the first day of the month that follows the last day in pay status.

Keywords: 
Retirement, rehire, appointments
Review, Approval & Change History: 

07/11/2016: Updated to remove gendered pronouns.

08/27/2015: Removed broken link HR Focus Topic: Employees Who End Their Working Relationship with KU & Checklist as HR is working on an updated version.

01/06/2015: Removed broken link.

11/24/2014: Fixed broken link to the Kansas Board of Regents Bona Fide Separation from Service memo.

10/30/2014: Fixed broken links; policy formatting cleanup (e.g., bolding, spacing).

06/06/2014: Revised to remove reference to the one year moratorium for rehiring retirees who were approved for the Voluntary Separation Incentive Program.

08/20/2012: Revisions approved by the Provost and Executive Vice Chancellor.

09/29/2009: Approved by the Interim Provost and Executive Vice Chancellor.

Personnel: Affiliates/Volunteers Categories: 
Hiring
Personnel: Faculty/Academic Staff Categories: 
Hiring
Personnel: Staff Categories: 
Hiring

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