Cal. Code Regs. Tit. 2, § 11085 - Procedures for Continuing in Employment Past the Normal Retirement Date

Where a private employer has a private pension or retirement program, the following procedures apply:

(a) Advisory Notice by the Employer. Private employers must advise their employees who are nearing their normal retirement date that if they intend to continue in employment beyond their NRD, they must file a written notice of this intention. The employer's advisory notice should be in writing and should be provided to the employee no later than 90 days prior to the NRD and no earlier than 180 days prior to the NRD. The advisory notice to the employee must clearly indicate when his or her continuation notice, as described in subsection (b), must be submitted.

(b) Continuation Notice by the Employee. An employee of a private employer who wishes to continue working beyond his or her NRD must provide a written notification of this intention to the employer not more than 45 days after the employee receives an advisory notice from the employer as described in subsection (a).

(c) Notice by Employee Following the Normal Retirement Date. An employee continuing in employment past the normal retirement date has an obligation to provide his or her private employer with written notice in advance of the date on which he or she intends to retire from employment. Such notice of retirement should be provided at a reasonable time, no later than 60 days prior to the employee's anticipated date of retirement.

(d) Notice by Private Employer Following the Normal Retirement Date. Where an employee continues in employment beyond his or her NRD, a private employer does not violate this article by periodically sending a written notice to such employee seeking to determine if the employee intends to continue in employment. However, the initial notice of this kind should not be sent to the employee until at least two years following his or her normal retirement date has elapsed. Subsequent thereto, the notice should not be sent more frequently than on an annual basis.

Notes

Cal. Code Regs. Tit. 2, § 11085

Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12942, Government Code.

1. Change without regulatory effect renumbering former section 7296.1 to new section 11085 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).