The district will recruit, select and employ the best-qualified individuals as employees. The district may employ persons retired from the Teachers’ Retirement System (TRS), the School Employees’ Retirement System (SERS) or the Public Employees’ Retirement System (PERS). A retired employee will only be rehired pursuant to this district policy.

Until August 1, 2020, the district may employ teachers in TRS Plan 2 or 3 who have retired under the alternate early retirement provisions of RCW 41.32.765(3)(b) or RCW 41.32.875(3)(b).  Such employment is subject to the  following conditions: 1) One calendar month must have elapsed since the retiree’s accrual date; 2) the retiree must be employed exclusively as either a substitute teacher as defined in RCW 41.32.010(48)(a) or in an instructional capacity (as opposed to an administrative or supervisory capacity); and 3) the district must compensate its substitute teachers at a rate that is at least 85% of the full daily amount allocated by the state to the district for substitute teacher compensation.

All retirees of TRS, SERS or PERS may work an annual threshold of eight hundred sixty-seven (867) hours per year while receiving retirement benefits. The annual threshold for TRS Plan 1 retirees is calculated per fiscal year. All other plans are calculated per calendar year. Qualified hours are determined by whether the retiree works in an eligible position as defined by the Department of Retirement Systems (DRS).

District Responsibilities
The district will abide by the following process when considering a retiree for employment:

A. The board of directors will approve a process for recruitment and selection of employees, including those vacancies for which a retiree applicant may be considered.

B. Applicant(s) will be evaluated and considered equally, selecting the candidate who best meets the needs of the district.

C. There will be no prearranged employment agreement or commitment to rehire an employee after retirement. Mere inquiries about post-retirement employment do not constitute an agreement.

D. Employment will be limited to a maximum of a one-year, non-continuing contract or appointment.

E. Subject to any applicable bargaining agreements, vacancies filled by retirees will be annually reviewed by the board to determine whether the retiree will be rehired for another year of employment.

F. The district will provide the retiree with the same terms and conditions of employment as other appointees or employees in comparable positions with the exception of sick-leave cash-out.

G. The district will report the number of hours worked by the retiree to DRS.

Retired Employee Responsibilities
The following conditions of employment will apply to retirees that are re-employed:

A. Retired applicants will disclose to the district whether they are retired from a Washington state retirement plan.

B. Employees must satisfy the DRS requirement for separation and retirement from service prior to accepting a retire/rehire position with the district.

C. Retirees are subject to the same collective bargaining membership as other one-year temporary employees.

D. Retirees are responsible for tracking service hours during post-retirement employment among multiple employers.

Cross Reference:
Contracts - Policy 5050
Substitute Employment - Policy 5610
Temporary Administrators - Policy 5612

Legal Reference:
Teachers' retirement - Chapter 41.32 RCW
Washington public employees' retirement system - Chapter 41.40 RCW

 Management Resources:
Legislature refines the retire/rehire law - Policy News, August 2011
Revisions to Retire/Rehire Law - Policy News, June 2007
Policy & Legal News - July 2016

Highline School District 401
Adopted by the Board: May 2012
Revised by the Board:  9.16
Classification: Essential