Reemployment After Retirement
for Retirees of the State Police Retirement System
VIDEO: For an overview of this information, go to sra.maryland.gov, select YouTube or Vimeo and watch “Reemployment After Retirement.”
Keep a copy of this information on file as a handy reference for the future. You should also keep on hand your Notice of Retirement
Allowance that the Retirement Agency will send to you as a new retiree. The Notice of Retirement Allowance includes information
such as the amount of your monthly retirement allowance, the beneficiary you designated and your earnings limitation. To determine
what, if any, earnings limitation applies and the effect, if any, on your retirement allowance, you need your Notice of Retirement
Allowance to identify the type of retirement you are receiving (service, ordinary disability or special disability) and your earnings
limitation. Then, apply the reemployment rules. Reemployment earnings are the annual reemployment compensation reported to the
IRS that the retiree received during a calendar year. Note the reemployment rules do not apply while a retiree is participating in the
State’s Deferred Retirement Option Program (DROP).
Under no circumstances should your decision to retire be conditioned upon an offer of reemployment, and in fact, no offers of
reemployment should be discussed by you and your employer prior to your retirement. However, if after your retirement you consider
reemployment with an employer that participates in the State Retirement and Pension System (SRPS) you need to be aware of two
important issues: Internal Revenue Service (IRS) guidelines regarding reemployment and Maryland retirement law regarding
reemployment.
INTERNAL REVENUE SERVICE GUIDELINES REGARDING REEMPLOYMENT
There can be significant consequences to you and the SRPS if you retire before the normal retirement age of your plan and/or before
age 59 1/2, and are reemployed with the same employer without a bona fide separation of service. Please note that all units of
Maryland state government, including the University System of Maryland, are considered one employer.
The IRS can impose a significant tax penalty on your income if you are under the age of 59 1/2, retire and begin receiving your monthly
retirement benefits, and are reemployed by the same employer from whom you retired. In order to avoid this penalty there must be a
bona fide separation from service between you and your former employer.
If you retire before your normal retirement age, there are also serious IRS consequences to the SRPS if a bona fide separation does
not take place following retirement and prior to reemployment with the same employer.
While the IRS has not specifically defined what constitutes a bona fide separation from service, it is clear that the more differences
between your last job before retirement and the job being performed upon your reemployment, and the longer the break between the
date of your retirement and the date of your reemployment, the more likely it is that there has been a bona fide separation of service.
If you are reemployed to perform the same job, even if there is a reduction in your work schedule, this would not likely qualify as a
bona fide separation of service unless there is a lengthy break in employment. Even arrangements where you are rehired as an
“independent contractor” may not meet the IRS’ standard.
MARYLAND RETIREMENT LAW REGARDING REEMPLOYMENT
Maryland law requires that there must be a minimum of 45 DAYS between your retirement date and the date you are rehired by any
employer that is a participating employer in the SRPS. All units of Maryland State government, including the University System of
Maryland, are considered to be one employer under these reemployment rules.
Additionally, employment after retirement, under certain conditions, may cause your retirement allowance to be reduced.
SERVICE RETIREMENT
If you accept temporary employment (not in a regularly allocated position) with a participating employer*, you must notify the Board
of Trustees in writing of your intent to accept reemployment and the amount of your anticipated compensation. Temporary employment
is defined as full time for six months or less or part-time for the equivalent of six months or less. Your retirement allowance will be
reduced if your post retirement earnings exceed your earnings limitation. The benefit is reduced dollar for dollar up to a maximum of
the full retirement allowance.
*A participating employer is any employer that offers State Retirement and Pension System benefits to its employees. A list of
participating employers is printed on page eight. Before accepting employment, contact the State Retirement Agency for updates to
this list.
Reemployment rules for Service Retirement do not apply if you have been retired for more than five years.
(For disability retirement rules, please see the following page.)
I acknowledge that I have received this information about my obligation with regard to reemployment and I agree to notify the Board
of Trustees of my anticipated earnings should I return to work. I also understand that, should I exceed the earnings limitations imposed
by law, my monthly retirement allowance may be reduced or terminated until such time that any resulting overpayment of benefits is
recovered. I understand that I must be separated from any and all employment, including substitute, seasonal, temporary, contractual,
and/or permanent employment, with any employer that participates in the SRPS at the date of my retirement. By signing this form, I
am certifying to the Maryland State Retirement Agency that at the date of my retirement, I will not be employed in any capacity by any
employer that participates in the SRPS and that no discussions or offers of reemployment after my retirement have occurred between
me and any employer that participates in the SRPS.