Educate Yourself

Hiring TRS Retirees

TOP 10 THINGS YOU NEED TO KNOW ABOUT HIRING TRS RETIREES

1. Determine if the employee is a TRS retiree during the hiring process (i.e. inquire via the employment application or during the interview process; check resumes closely for past TRS employment).

2. According to § 47-3-101 of Georgia law, employers must certify to the TRS Board of Trustees that no agreement exists, prior to retirement, to allow a TRS covered employee to return to work in a TRS covered position once retired. This includes service as an independent contractor.

3. Prior to hiring a TRS retiree in either a full-time, part-time or temporary position, you must verify eligibility via the online verification application on the Employer Desktop. Contact TRS if you have ANY questions!

4. Before returning to work in any capacity in a TRS-covered position, TRS retirees must have a break-in-service of at least one month (if the retirement date is July 1, the employee can begin working no earlier than August 1).

5. You must go online and complete the verification application at the beginning of each fiscal year (July 1) or any time there is a change in their employment status.

6. TRS retirees who retired under a normal service retirement may return to work and continue receiving full retirement benefits provided that they have been retired for a minimum of 12 months.  Normal service retirement is defined as having at least 30 years of service credit or being age 60 with at least 10 years of service credit.  All previous return to work provisions regarding full-time teaching in a TRS covered position in retirement have been superseded.

Local school systems may employ a retiree as a full-time classroom teacher, principal, superintendent, media specialist or counselor.  The new legislation is very specific in defining a classroom teacher as a certified teacher (pre-K thru grade 12), employed by the public school system with the sole responsibility of academic instruction in a classroom.  Principals cannot return to work in the same positions in the same schools from which they retired and superintendents cannot return to work in the same position in the same school system from which they retired.  Under the provisions of this legislation, extracurricular employment in addition to classroom teaching (i.e. coaching, athletic director, band director) will not be eligible.  Regional educational service agencies may only employ a retired teacher as an improvement specialist.

A school system employing a retiree must pay all employee and employer contributions to TRS as if the retiree was an active member of TRS.  The retiree will not be eligible to accrue any additional employment benefits or receive any further creditable service as a result of re-employment.

7. Part-time Salaried Positions —retirees collecting a TRS benefit may work in a TRS covered position up to 49% of full-time status AND up to 49% of what the position normally pays. Full-Time Temporary Positions—A TRS retiree may work full-time for three (3) months or less in a fiscal year (temporary position) in a TRS-covered position.

8. A TRS retiree may be hired as an independent contractor by a TRS-covered employer in a position that would normally be held by a teacher (a determination made by TRS). You are required to submit a copy of the contract to TRS prior to hiring the person (you are not required to verify employment eligibility via the online application). An independent contractor’s compensation is limited to the higher of: 1) one-half of the average salary used to calculate his or her retirement benefit OR; 2) one-half of the final salary at retirement.

9. If a TRS retiree returns to work in any capacity other than what is listed in this brochure as acceptable employment, he or she may work one-half time or greater in a TRS-covered position and either suspend or terminate his or her retirement benefit. A retiree may choose to terminate instead of suspend retirement if it is to the retiree’s advantage to accrue additional service credit and salary in an effort to increase his or her benefit upon re-retirement.

10. Your system is ultimately responsible for any funds paid to a retired TRS member who is improperly employed and not in compliance with Georgia law and TRS policy.