180-Day Break in Service Requirement

California law requires most SCERS retirees to observe a 180-day break in service before returning to work for a SCERS-covered employer. This rule ensures that retirement represents a genuine separation from employment and prevents the immediate rehiring of retirees into the same or similar positions.

This section explains when the 180-day rule applies, what exceptions exist, and what can happen if it’s not followed.

What the Law Requires

Under California Government Code Section 7522.56:

  • You must wait at least 180 calendar days from your retirement date before beginning work with a SCERS-covered employer
  • This rule applies regardless of whether you’re working part-time or full-time
  • If you return before the 180-day period is over, your retirement benefit will be suspended unless a valid exemption applies

The retirement date is the day your SCERS benefit becomes effective—not your last day on payroll.

Exceptions to the Rule

You may return to work before 180 days only if one of the following exceptions is approved:

  • Board Resolution for Critical Need
    Your SCERS-covered employer’s governing body adopts a resolution stating that you are needed to fill a critically necessary position. This resolution must:
    • Be adopted in a public meeting
    • Not be placed on the consent calendar
    • Identify the specific position and justification
  • Public Safety Exception
    If you are a retired public safety officer or firefighter, you may be exempt from the waiting period if your position qualifies and is approved under applicable rules. 

Exemptions must be processed and approved before your return to work.

Consequences for Noncompliance

If you return to work for a SCERS-covered employer before meeting the 180-day requirement and do not qualify for an exemption:

  • Your monthly retirement benefit will be suspended
  • You may be required to repay overpaid benefits
  • You may need to reinstate as an active SCERS member, depending on your position

What to Do Before Returning

  • Confirm your retirement date and calculate your 180-day window
  • Ask your employer if a Board resolution is planned or needed
  • Contact SCERS to review your eligibility and ensure compliance