Cal. Code Regs. Tit. 2, § 586.2 - Bona Fide Separation in Service

(a) For purposes of working for a CalPERS-covered employer after retirement pursuant to Article 8, of Chapter 12, Part 3, Division 5 of Title 2 of the Government Code, a member who has not attained normal retirement age shall have a bona fide separation in service. A bona fide separation in service is defined as:

(1) no predetermined agreement between the employer and the member prior to retirement to return to work for the employer after retirement; and

(2) a separation in service of at least 60 calendar days between the date of the member's retirement and the first day of work for the employer as a retired person. The 60 days shall commence on the day after retirement.

(b) Any retired person employed in violation of this regulation shall be subject to the consequences provided in Government Code section 21220.

(c) In the event an emergency has been declared as provided in Government Code Section 8558 that requires the employment of a retired person, the 60 calendar day separation in service requirement set forth in subdivision (a)(2) of this regulation shall not apply.

Notes

Cal. Code Regs. Tit. 2, § 586.2

1. New section filed 8-20-2004; operative 9-19-2004 (Register 2004, No. 34).

Note: Authority cited: Sections 20121 and 21220.5, Government Code. Reference: Section 21220.5, Government Code.

1. New section filed 8-20-2004; operative 9-19-2004 (Register 2004, No. 34).