HRAR-3.06 - Employment of Retirees

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy category
Policy number
HRAR-3.06
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Purpose

A Public Employee Retirement System (PERS) or an Oregon Public Service Retirement Plan (OPSRP) retiree who has applied for retirement benefits and is receiving a monthly pension benefit/service retirement allowance or who has submitted the appropriate paperwork documenting their intention to retire as of a specific date from the City of Portland may be reemployed by the City of Portland.


Eligibility

Reemployment of such employees is solely at the request of the appointing authority approval of the Director of Human Resources in coordination with the Bureau Director, or designee, and subject to the following conditions:

  1. Reemployment shall be to a classification in which the retiree previously held status
  2. The retiree shall not have the benefit of any previously acquired seniority.
  3. No permanently appointed employee shall be displaced by reemployment of a retiree.
  4. Must be approved by the Bureau Director or designee.
  5. No reemployed retiree may work for the City for more than five (5) years, without approval by the Director of Human Resources.

Salary of Retiree Appointments

The salary rate of retirees shall be at the step or position on the salary range for the classification of the position they previously held. If the appointment is to a different classification from which the employee retired, the applicable pay rate shall comply with the provisions set forth under HRAR 8.04 and the City’s Pay Equity Policy.

Retirees are not eligible for annual salary increases other than merit-based and Cost of Living (COLA) increases granted to all employees in the particular classification.


Limitations of Retiree Status

Working after retirement for the City of Portland constitutes a new employment relationship.

Any employee returning as a retiree to the position they held at the time of retirement shall accrue vacation equal to a 0 (entry) year rate and progress through the Vacation Appropriation schedule outlined included for HRAR 6.03. Eligibility for management leave will continue as it applies. Retirees may be eligible for paid sick time under the City of Portland City Code or State law. Retirees may receive holiday pay if they are in pay status their scheduled work day before and their scheduled work day following the holiday. In addition, if an FLSA exempt retiree is required to work on a City observed holiday they are entitled to a postponed holiday with pay to be taken at the mutual convenience of the retiree and the bureau.

FLSA covered Working retirees who work overtime hours must be paid for those hours, however may not be eligible for accruing compensatory time. Non-represented FLSA Exempt employees do not receive overtime, but may be awarded up to 80 hours of management leave each calendar year.


Retirees have no seniority rights for purposes of layoff and recall and do not require “just cause” for discipline or removal from a position.


Retiree Health Benefits

Retirees who retire from a benefits eligible position and who return to work a schedule of at least 40 hours per pay period eligible for City paid health insurance benefits at the appropriate employer contribution for up to five years from the date of retirement. Benefits will resume beginning the first month following re-employment if a break in service occurs.


Application of eligibility rules for working retirees are subject to the Affordable Care Act (ACA) guidelines.


Returning to a Different Classification

Retirees may apply for reemployment in a different classification than what they held at the time of their retirement. Retirees who are appointed to a different classification from a certified eligible list, following an examination process, will not be subject to the abovementioned hours, employment duration, or benefit limitations and shall only be distinguished from an initial permanent appointment to the extent that is required by the law.


Historical notes

History

Adopted by Council March 6, 2002, Ordinance No. 176302

Effective April 5, 2002

Revised July 28, 2003

Revised September 16, 2005

Revised October 19, 2010

Revised November 4, 2011

Revised April 25, 2016

Adopted by Council March 4, 2020, Ordinance No. 189873

Effective January 1, 2020

Amended as an interim rule by the Acting Director of the Bureau of Human Resources effective January 31, 2024 for a period no greater than 180 days. 

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