Exceptions & Exemptions

While most SCERS retirees must follow strict rules when returning to work, there are certain exceptions and exemptions under California law and SCERS policy. These may allow you to return to work without observing the 180-day break or while being exempt from the 960-hour limit in specific cases.

This section outlines the most common exceptions and what documentation may be required.

Retirees Returning Under Emergency or Critical Need

Some retirees are rehired under a critical need resolution, often to fill a temporary role until a permanent replacement is hired. This exemption:

  • Allows you to return before the 180-day break, if all conditions are met
  • Does not exempt you from the 960-hour limit

The resolution must:

  • Be adopted at a public meeting by the employer’s governing body
  • Identify the position and justification
  • Not be part of the consent calendar

Disability Retirees

If you retired under a service-connected disability, special rules apply:

  • You may return to work in a position that accommodates your limitations
  • SCERS may periodically review your disability status
  • If you return to a comparable position, your disability retirement may be discontinued and you may be reinstated as an active member

Contact SCERS before accepting employment if you retired under disability provisions.

Elected Officials

If you are elected or appointed to an elected office, you may be able to serve without affecting your SCERS benefit.

Key points:

  • Elected officials are not subject to the 960-hour limit
  • Your retirement benefit generally continues without suspension
  • You do not reinstate as a SCERS active member
  • No contributions are required or accepted from your elected position

This exemption applies only to service in an elected capacity. Other roles with the same employer may not qualify.

Nonsalaried Board or Commission Member 

If you serve on a board or commission operating under the County or a Participating Employer, you can serve without affecting your SCERS benefit. The appointment or election must be to a part-time board or commission that does not provide retirement benefits, service credit, or salary, other than a per diem if provided to other board or commission members. 

Questions About Exemptions?

If you believe an exception may apply to your situation:

  • Contact SCERS before accepting any offer of post-retirement employment
  • Coordinate with your prospective employer’s HR department
  • Review SCERS’s Post-Retirement Employment Policy for the latest guidance