I’m retiring from my PERF-covered position at the end of the month. My employer has agreed to re-hire me in the same job after 30 days. Is this legal?

Published 11/30/2015 01:28 PM   |    Updated 04/01/2016 12:40 PM
I'm retiring from my PERF-covered position at the end of the month. My employer has agreed to re-hire me in the same job after 30 days. Is this legal?

No. Indiana law reflects existing federal law which prohibits retirements in which a member has a formal or informal agreement with an employer to become re-employed in a position after retirement. Members are required to have a bona fide separation of service in order to be entitled to a benefit from a tax qualified pension plan such as PERF.

Call our Customer Service Center with your concerns toll-free at (888) 286-3544. Business hours are Monday through Friday from 8 a.m. to 8 p.m. EST, or e-mail questions to questions@inprs.in.gov.
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