(Revised: 04/2021)

DEFINITIONS

Retired Annuitant (RA)

RAs, according to the California Department of Human Resources (CalHR), are “persons retired from a state agency who are appointed to perform mission critical work that is temporary in nature.”

Critical Need

Critical Need, as defined by the CalHR, is as follows:

An immediate need for a particular skill-set that only the RA can provide to complete a function for the department that meets one of the requirements outlined below and cannot be met by a current State employee:

  • Legislative Mandate
  • Court Ordered Mandate
  • Health and Safety Emergencies
  • Fiscal Impact – Loss of Funding
  • Any disruption in normal business that may result in failure of business operations

Proper Use of RA

RAs are to be temporary in nature. The proper use of a RA, as defined by CalHR, is as follows:

  • To mentor new employees
  • To transfer knowledge
  • To provide expertise to other employees
  • To complete a time-limited project

AUTHORITY

CalHR and the following Government Code (GC) Sections govern the authority and define the process for using a RA:

POLICY

The Department of General Services (DGS) has delegated authority by CalHR to hire RAs, after the RA has been retired for a period of 180 calendar days, into the temporary blanket fund (serial code 915), to perform duties that have been deemed by the appointing department to be critical to the department’s core mission. CalHR policy states RAs are to be temporary in nature; therefore, the appointment of an RA will be for a maximum term of 12-months with the possibility of extension, if the criteria are met.

PROCESS

The process for requesting a RA is initiated by the Employee Resource Liaison (ERL), and varies depending on if a recruitment is needed, the selected candidate is known, or if an extension is requested. Please refer to the RA Process Flow Chart for an overview.

Duration

DGS policy states the RA appointment will be for a maximum term of 12-months with the possibility of extension, if the criteria are met. CalHR policy states the RA appointment shall not exceed a maximum of 960 hours in any fiscal year (July 1 - June 30) without reinstatement, loss or interruption of benefits.

Class Considerations

The RA must be appointed to a classification that meets one of the following conditions:

  • The class that the person had permanent or probationary status in at the time of retirement.
  • A Career Executive Assignment (CEA) appointment if held at the time of retirement.
    • A RA shall only be appointed to a CEA position if the CEA position has been established by the SPB/CalHR and the RA is to perform the approved duties of the CEA position. Placement can be made to “blanket funds” but the budgeted CEA position cannot be filled while the RA is performing the duties of the established CEA position.
  • Another class to which the person could have been permanently transferred, reinstated or demoted at the time of retirement.
    Departments are required to review classification specifications and bargaining unit agreements for additional information.

RAs are rarely used in a supervisory capacity. Requests of this nature will be considered by the RA Coordinator and Office of Human Resources (OHR) Chief on a case-by-case basis.

Eligibility

A retired person cannot be appointed as an RA if, during the 12-month period prior to the appointment, they received unemployment insurance based on state employment. This prohibition covers all state departments and other public employers that provide retirement benefits under CalPERS.

The law does not apply to the following situations:

  • The first time an employee is appointed as a state retired annuitant (it only applies to subsequent state annuitant hires under Section 21224).
  • The unemployment insurance was received as the result of employment with a private employer (such as a registry or a retailer).
  • The unemployment insurance was received as the result of employment with a public employer who does not provide retirement benefits under CalPERS.

This prohibition is intended to prevent retired state employees from collecting three public stipends: a CalPERS retirement allowance, state salary, and unemployment insurance.

Additionally, persons who disability retired are prohibited from appointments to positions that include duties or activities they were previously restricted from performing at the time of retirement, unless an exception applies under the Public Employees Retirement Law.

Bona Fide Separation in Service

A bona fide separation is defined as the following by CalHR:

  1. No predetermined agreement between the employer and the employee 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 retirement and the first day of work for the employer as a RA. The 60 calendar days shall commence on the day after retirement.

A retired person who has not attained the normal retirement age shall have a bona fide separation in service of 60 calendar days before working after retirement 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 GC.

Any retired person employed in violation of this regulation shall be subject to the consequences provided in GC section 21220. In order to verify if a retiree qualifies under this requirement, programs will need to ask the candidate or contact CalPERS.

GC section 8558 subdivision (a) (2), provides an exemption to a bona fide separation under a declared state of emergency.

RA 180-day Waiting Period and Exception Request

A retired person shall not be eligible for employment as a RA for a period of 180 calendar days after the date of retirement unless the appointment is necessary to fill a critically needed function.

An exception to the 180-day waiting period requires approval from CalHR. The request for exception must include the following:

A justification outlining the critical need for the hire, including:

  • An in-depth explanation of why the RA being hired is the only person that can provide the expertise needed
  • A completed RA Request Form (DGS OHR 65)
  • Duty Statement – Proposed
  • Organizational Chart – Proposed
  • Budget Approval Form (DGS OHR 37)
  • Proof of the RA’s retirement date (i.e. Notice of Personnel Action (NOPA), State Controller’s Office (SCO) Employment History, Letter from CalPERS)

PROCEDURE

Initial Request When Recruitment is Needed

The following chart outlines the procedure to request to recruit for a RA.

STEP ACTION 
1

ERL

  1. Submits the following documents to the RA Coordinator inbox at OHRSpecialRequests@dgs.ca.gov:
2

RA Coordinator

  1. Reviews the RA documents and works with the ERL for any recommendations or changes.
  2. Writes an analysis and recommendation.
  3. Submits the analysis and recommendation to the OHR Chief for review and approval.                
    • In the OHR Chief’s absence, the analysis and recommendation will be sent to the Personnel Officer for review and approval.
3

OHR Chief

  1. Reviews the analysis and recommendation.
  2. Submits the analysis and recommendation to the Deputy Director, Administration Division.
    • In the Deputy Director’s absence, the Deputy Director will designate authority to make a determination.
4

Deputy Director, Administration Division

  1. Reviews the analysis and recommendation.
  2. Makes a determination and replies to the OHR Chief with the decision.
5

 OHR Chief:

  1. Notifies the RA Coordinator if approved or not approved.
6

RA Coordinator

  1. Records the information into the RA Log to track the approval and assignment dates. The end date is based on the RA Request Form for the duration of the assignment (i.e. 6 months or 12 months). The duration of an RA assignment cannot be longer than 12 months from the effective date.
  2. Informs the ERL of the outcome;                
    • If approved, creates the RPA in ABMS and Tracker, routes the RPA to Certification Unit via status “Approved-Submit for Advertising (OHR)” in Tracker for advertisement on CalCareer website.
7

Certification Unit

  1. Certification Unit posts the advertisement on CalCareer website.
  2. Routes the RPA in Tracker to Program via status “Hiring Phase (Program).”
8

Program/ERL

  1. Submits the completed application and proof of retirement (typically either the retirement letter from CalPERS or the NOPA) to the RA Coordinator to determine transfer eligibility for candidate(s).
9

RA Coordinator

  1. Requests employment history (A01), if applicable.
  2. Determines transfer eligibility and RA appointment eligibility for candidate(s).
  3. Informs the Program/ERL of the eligibility and permission to extend a tentative offer pending medical and/or background or a final offer if the conditions of employment are met.
10

Program/ERL

  1. Informs the candidate of selection and completes the medical and/or background, if necessary.
  2. Once the medical and/or background approvals are received, then the program selects an effective date and informs the RA Coordinator.
11

RA Coordinator

  1. Updates the RPA in ABMS indicating: “Filled with EE name, as transfer Retired Annuitant, effective date through expiration date, not to exceed 960 hours per fiscal year.”
  2. Uploads all pertinent documents listed below to ABMS and routes the RPA to Personnel Transactions Unit (PTU) for keying:                
    • RA Request Form (DGS OHR 65)
    • Duty Statement - Proposed
    • Organizational Chart – Current and Proposed
    • Budget Approval Form (DGS OHR 37)
    • Job Control Report
    • Management Approval Email(s)
    • Application
    • Medical/Background Approval Email(s)
    • Proof of Retirement

Initial Request when the Candidate is Known

The following chart outlines the procedure to request a RA when the selected candidate is known and a recruitment is not needed.

STEP  ACTION
1

ERL

  1. Submits the following documents to the RA Coordinator inbox at OHRSpecialRequests@dgs.ca.gov:
2

RA Coordinator

  1. Reviews the RA documents and works with the ERL for any recommendations or changes.
  2. Determines transfer eligibility and RA appointment eligibility for candidate.
  3. Writes an analysis and recommendation for review and approval.
  4. Submits the analysis and recommendation to the OHR Chief.
    • In the OHR Chief’s absence, the analysis and recommendation will be sent to the Personnel Officer for review and approval.
3

OHR Chief

  1. Reviews the analysis and recommendation.
  2. Submits the analysis and recommendation to the Deputy Director, Administration Division.
    • In the Deputy Director’s absence, the OHR Chief has designated authority to make a determination.
4

Deputy Director, Administration Division

  1. Reviews the analysis and recommendation.
  2. Makes a determination and replies to the OHR Chief with the decision.
5

 OHR Chief

  1. Notifies the RA Coordinator if approved or not approved.
6

RA Coordinator

  1. Records the information into the RA Log to track the approval and assignment dates. The end date is based on the RA Request Form for the duration of the assignment (i.e. 6 months or 12 months). The duration of an RA assignment cannot be longer than 12 months from the effective date.
  2. Informs the ERL of the outcome;                                                
    • If approved, creates the RPA in ABMS indicating “Filled with EE name, as Retired Annuitant, effective date through expiration date, not to exceed 960 hours per fiscal year.”  
      • if medical and/or background are required, then the ERL and candidate complete the process and the RA assignment is pending clearance.
      • Informs the Program/ERL of the eligibility and permission to extend a tentative offer pending medical and/or background or a final offer if the conditions of employment are met.
  3. Ensures all pertinent documents listed below are attached in ABMS:
    • RA Request Form (DGS OHR 65)
    • Duty Statement - Proposed
    • Organizational Chart – Current and Proposed
    • Budget Approval Form (DGS OHR 37)
    • Management Approval Email
    • Application
    • Medical/Background Approval Email(s)
    • Proof of Retirement

Requesting an Extension for an Existing RA

The following chart outlines the procedure to request an extension for a RA.

STEP  ACTION
1

ERL

  1. Submits the following documents to the RA Coordinator inbox at OHRSpecialRequests@dgs.ca.gov:
2

RA Coordinator

  1. Reviews the RA documents and works with the ERL for any recommendations or changes.
  2. Writes an analysis, and recommendation for review and approval.
  3. Submits the analysis and recommendation to the OHR Chief.
    • In the OHR Chief’s absence, the analysis and recommendation will be sent to the Personnel Officer for review and approval.
3

OHR Chief

  1. Reviews the analysis and recommendation.
  2. Submits the analysis and recommendation to the Deputy Director, Administration Division.
    • In the Deputy Director’s absence, the OHR Chief has designated authority to make a determination.
4

Deputy Director, Administration Division

  1. Reviews the analysis and recommendation.
  2. Makes a determination and replies to the OHR Chief with the decision.
5

OHR Chief

  1. Notifies the RA Coordinator if approved or not approved.
6

RA Coordinator

  1. Updates the information in the RA Log to track the approval and assignment dates. The end date is based on the RA Request Form for the duration of the assignment (i.e. 6 months or 12 months). The duration of an RA assignment cannot be longer than 12 months from the effective date.
  2. Informs the ERL of the outcome.
  3. If approved, ensures all pertinent documents listed below related to the extension are uploaded to the original RPA in ABMS and routes the RPA to PTU for keying:        
    • RA Request Form (DGS OHR 65)
    • Duty Statement - Proposed
    • Organizational Chart - Current and Proposed
    • Management Approval Email

Resources

Government Codes

  • 18529 – Definition of Temporary Employee
  • 18552 – Definition of Intermittent
  • 19058 – Temporary Appointment
  • 19144 – Reinstatement Following Retirement
  • 21224 – Employment after Retirement
  • 7522.56(f) – California Public Employees’ Pension Reform Act of 2013
  • 19100.5 - 19101 – Intermittent
  • 8558 - California Emergency Services Act
  • 21220 - 21220.5 – Retirement from Employment

California Code of Regulations

Other Reference Materials

Responsible Control Agency

Contact

Retired Annuitant Coordinator

Department of General Services
Office of Human Resources

707 3rd Street, 7th Floor
West Sacramento, CA 95605
Email: OHRSpecialRequests@dgs.ca.gov