As
reported previously, the California Public Employees
Retirement System (CalPERS) proposed a rulemaking action on June
17, 2022, seeking to define “limited duration” employment and
provide clarity and uniformity for CalPERS-covered employers. The
proposed rulemaking action limits an appointment of a retired
annuitant to an initial period of two years, which could be
extended by an additional year up to two times, for a total of
four years, if certain requirements are met. For current retired
annuitants, the two years would be counted from when the
regulations go into effect.
On December 1, 2022, CalPERS submitted revisions to the initial
text, which included wording changes, renumbering, and
restructuring. As part of the process mandated under the
Administrative Procedure Act, these changes had to be published
for 15 days in order to give the public and stakeholders an
opportunity to comment on the respective changes. CSAC submitted written comments
within the 15-day public comment period, that ended on December
16, requesting CalPERS seek less administratively burdensome
options to reduce the reporting requirements, clarify the
extension period timelines, improve the definition of limited
duration employment, and revise the certification process.
Under the rulemaking process, public agencies are required to
summarize and respond to any public comments received as part of
the final rulemaking package. It is expected that CSAC’s comments
will be presented to CalPERS’ Board of Administration for
consideration prior to being forwarded to the Office of
Administrative Law as part of the final rulemaking action.
