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The North Carolina ESRR form is an essential document for retirees who wish to return to work while receiving retirement benefits. This form is designed to certify an employee's status under the retirement reemployment laws, ensuring compliance with state regulations. It requires retirees to provide personal information, such as their name, Social Security number, and contact details, in Section A. Section B highlights the importance of understanding earnings restrictions that apply to retirees returning to work, detailing how exceeding these limits can result in the suspension of retirement benefits. Section C asks retirees to confirm whether they are currently receiving benefits from various retirement systems, including the Teachers' and State Employees' Retirement System (TSERS) and the Local Governmental Employees' Retirement System (LGERS). In Section D, retirees must sign to certify the accuracy of the information provided. Finally, Section E instructs retirees to submit the completed form to their employer, emphasizing that it should not be sent to the Retirement Systems Division. Understanding these components is crucial for retirees to navigate the complexities of reemployment while safeguarding their benefits.

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Certifying Employee Status Under Retirement

Reemployment Laws

 

 

 

 

 

Please print or type in black ink.

Section A. Tell us about yourself.

 

 

 

 

 

FIRST NAME

MI

LAST NAME

 

 

SUFFIX

SSN (last 4 digits)

 

 

 

 

 

 

 

 

 

MAILING ADDRESS

 

 

 

 

 

MEMBER ID (if known)

 

 

 

 

 

 

 

 

 

CITY

 

 

STATE

ZIP CODE

 

DATE OF BIRTH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

POSITION TITLE

 

 

 

 

 

TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section B. Please understand that retirees are subject to earnings restrictions.

Retirees may be subject to earnings restrictions upon returning to work. State return-to-work laws require suspension of retirement benefits when earnings from applicable employers exceed the allowable limit. Before returning to work, be sure that you understand the return-to-work laws that apply to the System from which you retired. For example, new retirees in the Teachers' and State Employees' Retirement System

(TSERS) may not work with a TSERS employer, or make arrangements for future work, until the first six months of retirement have passed. A summary of return-to-work laws for the Local Government Employees' Retirement System and the Teachers' and State Employees' Retirement System is located in Guides B, C, and D.

Section C. Please tell us if you are receiving a monthly benefit from any of the systems below.

YES, I am currently receiving a monthly benefit from the following: (check all that apply)

Teachers' and State Employees' Retirement System (TSERS)

Local Governmental Employees' Retirement System (LGERS)

Consolidated Judicial Retirement System (CJRS)

Legislative Retirement System (LRS)

Disability Income Plan of North Carolina (DIPNC)

NO, I am not currently receiving a monthly benefit from any of the above listed systems.

Section D. Please sign below.

I certify that I have read the Guides and the information I provided in Sections A and C is correct to the best of my knowledge. I understand that if my employment subsequently creates an overpayment of benefits from the Retirement Systems Division, I am fully responsible for the repayment of the said overpayment.

Member's Signature _______________________________________________________ Date _________________________

Section E. Please submit this form to your employer.

Please do not send this form to the Retirement Systems Division (RSD). Your employer should retain this form.

Thank you.

N.C. Department of State Treasurer, Retirement Systems Division 325 North Salisbury Street, Raleigh, North Carolina 27603-1385

(919)807-3050 in the Raleigh area or (877) 627-3287 toll free www.myncretirement.com

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Guides for Certifying Employee Status

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Under Retirement Reemployment Laws

 

Guide A. What is the purpose of this form and why does this form need to be completed?

Effective July 1, 2009, employers are required to report any rehired retirees to the Retirement Systems Division (RSD) or the employer will incur a penalty. In order for employers to avoid a potenial penalty, RSD asks employers to take the following steps:

Obtain signed documentation (Form ESRR) from the employee stating he/she is or is not currently receiving a monthly benefit from RSD.

Report any known rehired retirees who may be subject to

the earnable allowance, or the 11.7% contribution under the exception for nursing instructors in TSERS, to RSD through the ORBIT system.

If a member falsifies this document (Form ESRR) by not reporting himself/herself as a benefit recipient, the employer will not be penalized. However, if the employee exceeds his/her earnable allowance, or violates other return-to-work laws, the employee will be held fully responsible for repaying any overpayment to RSD.

Guide B. What are the return-to-work laws?

After you have officially retired and are receiving monthly benefits, if you perform work in any capacity for an employer under the same Retirement System from which you retired, you will be subject to the reemployment provisions described below. These provisions may require you to work under an earnings limitation or to reenroll as a contributing member of the Retirement System. You will be subject to reemployment provisions based on the nature of the particular work you perform for a covered employer, regardless of your job classification or your technical employment status (which may include being assigned to work for a covered employer by a private company such as a temporary agency).

If you retired from LGERS, see Guide C for more detailed information. If you retired from TSERS, see Guide D for more detailed information.

If you retired from the Consolidated Judicial Retirement System, or the Legislative Retirement System, or if you receive disability benefits from any System, please contact the Retirement Systems Division for information on reemployment provisions that apply to you.

Guide C. Return-to-work laws for Local Governmental Employees' Retirement System retirees

Reemployment After Receiving Early Or Service Retirement Benefits. If you retire with monthly early or service retirement benefits from LGERS and are reemployed by an employer that participates in LGERS, the following applies:

If you are reemployed in an LGERS position, the duties of which require 1,000 hours or more per year, your monthly retirement payment must be stopped on the first day of the month following the month of reemployment and you will again become a contributing member in the month in which you are restored to service.

At any time you are reemployed and become a member of the Retirement System again, your retirement benefits will be greater at the time of your second early/service retirement. If you return to service and contribute for at least three additional years, your service from your first and second periods of employment will be combined and you can change the retirement payment plan and/or beneficiary you selected at the time of your original retirement. If you return to service for less than three years, your first retirement benefit will be reinstated upon re-retirement and you will have a choice of either receiving a lump sum refund of contributions or another (generally smaller) monthly benefit from your second period of employment.

If you are reemployed on a part-time, interim, temporary, or contractual basis, or are otherwise engaged to perform services on any basis that does not require memberhip in

LGERS, your retirement payment must be stopped if your earnings during the 12-month period immediately following the effective date of retirement or during any calendar year exceed your earnings limitation which is calculated as the greater of the following:

$28,080 (2009 amount), or

50% of your compensation, excluding termination payments, reported to the Retirement System during the 12 months of service preceding the effective date of your retirement.

The above amounts will be increased on January 1 each year by the percentage increase in the Consumer Price Index, which is a national measure of the increase in the cost of living from one year to the next.

Your retirement payment must be stopped for the remainder of the calendar year on the first day of the month following the month in which your earnings exceed the greater of the two limits stated above. Your retirement payment will start again on January 1 of the year after your benefit is stopped. If your earnings exceed the allowable amount in the month of December, your benefit will not be suspended.

Please note that retirement law requires your retirement date to be on the first day of the month, and for your retirement to become effective on the first day of a month, you must not work for a covered employer at any time during that month.

Please continue to the next page.

N.C. Department of State Treasurer, Retirement Systems Division 325 North Salisbury Street, Raleigh, North Carolina 27603-1385

(919)733-4191 in the Raleigh area or (877) 733-4191 toll free www.myncretirement.com

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GUIDES

Guides for Certifying Employee Status Under Retirement Reemployment Laws

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Guide D. Return-to-work laws for Teachers' and State Employees' Retirement System retirees

Reemployment After Receiving Early Or Service Retirement Benefits. If you retired before November 1, 2005, with monthly early or service retirement benefits from TSERS and are reemployed by an employer that participates in TSERS, the following apply:

If you are reemployed in a position that requires membership in the Teachers' and State Employees' Retirement System, your retirement payment must be stopped on the first day of the month following the month of reemployment and you will again become a contributing member in the month in which you are restored to service.

At any time you are reemployed and become a member of the Retirement System again, your retirement benefits will be greater at the time of your second early/service retirement. If you return to service and contribute for at least three additional years, your service from your first and second periods of employment will be combined and you can change the retirement payment plan and/or beneficiary you selected at the time of your original retirement. If you return to service for less than three years, your first retirement benefit will be reinstated and you will have a choice of either receiving a lump sum refund of contributions or another (generally smaller) monthly benefit from your second period of employment.

If you are reemployed on a part-time, interim, temporary, or contractual basis, or are otherwise engaged to perform services for a TSERS employer on any basis that does not require membership in TSERS, your retirement payment must be stopped if your earnings during the 12-month period immediately following the effective date of retirement or during any calendar year exceed your earnings limitation which is calculated as the greater of the following:

$28,080 (2009 amount), or

50% of your compensation, excluding termination payments, reported to the Retirement System during the 12 months of service preceding the effective date of your retirement.

The above amounts will be increased on January 1 each year by the percentage increase in the Consumer Price Index, which is a national measure of the increase in the cost of living from one year to the next.

Your retirement payment must be stopped for the remainder of the calendar year on the first day of the month following the month in which your earnings exceed the greater of the two limits stated above. Your retirement payment will start again on January 1 of the year after your benefit is stopped. If your earnings exceed the allowable amount in the month of December, your benefit will not be suspended.

Reemployment which causes suspension of your retirement allowance will also cause suspension of your health coverage under the retiree group of the State Health Plan. Before accepting such reemployment, you should ask the new employer if you will qualify for continued coverage under the active group of the State Health Plan, and if you will qualify for

the State's contribution toward your coverage. Upon restoration of your retirement allowance, your health coverage under the retiree group will be reinstated the first of the month following the month your retirement allowance is restored.

If you retire on or after November 1, 2005, in addition to the above provisions, the following applies:

A six-month period during which no work is performed for any employer in the Teachers' and State Employees' Retirement System must immediately preceded a return to employment. A return to work earlier than six months will revoke your retirement benefit retroactively to your retirement date and all benefits paid to you must be repaid to the Retirement System. Establishing a pre-existing.agreement for post-retirement employment with an employer in this System is prohibited and will cause retroactive revocation of retirement benefits, as well.

Reemployment Exception for TSERS retirees who return to work as Nursing Instructors.

If you are a Teachers' and State Employees' Retirement System (TSERS) retiree who retired on or before June 1, 2009 with a reduced or unreduced benefit, or if you retired on or after July 1, 2009 with an unreduced beneift, and you wish to return to work as a nursing instructor exempt from the earnings limitations, you may do so provided you meet all of the following conditions:

you have a six-month separation from service under the TSERS immediately preceding your return to employment as a nursing instructor, during which time no work is performed in any capacity with a State-supported community college or university;

you return to work as a nursing instructor for a maximum of three years in a permanent full-time position, or a part-time position that exceeds fifty percent of the workweek, in a certified nursing program at a State-supported community college or university;

you have been certified by your North Carolina Community College System or University of North Carolina System employer to teach as a nursing instructor; and

your employer has certified to the TSERS that it has a shortage of qualified nursing instructors and has met all required conditions of making a good faith effort to hire non-retirees as nursing instructors.

Unless legislation extends this reemployment exception for nursing instructors, the above provisions are in effect through June 30, 2013.

Reemployment under the Consolidated Judicial Retirement System (CJRS).

If you are retired from TSERS and are reemployed under CJRS, please contact the Retirement Systems Division for provisions that apply to you.

These guides are subject to and governed by the General Statutes of the State of North Carolina.

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Form Specifications

Fact Name Details
Form Purpose This form certifies employee status under retirement reemployment laws in North Carolina.
Governing Law The form is governed by the General Statutes of the State of North Carolina.
Submission Requirement Retirees must submit the form to their employer, not to the Retirement Systems Division.
Earnings Restrictions Retirees face earnings limits that may suspend their retirement benefits if exceeded.
Reemployment Guidelines Specific guidelines apply based on the retirement system from which the individual retired.
Penalties for Employers Employers must report rehired retirees to avoid potential penalties from the Retirement Systems Division.
Return-to-Work Waiting Period New retirees in TSERS must wait six months before returning to work with a TSERS employer.

North Carolina Esrr: Usage Guidelines

Completing the North Carolina ESRR form is a straightforward process that requires careful attention to detail. This form is essential for retirees who wish to return to work while receiving retirement benefits. It ensures compliance with state regulations and helps avoid potential penalties for both the retiree and the employer. Follow the steps outlined below to accurately fill out the form.

  1. Obtain the form: Download the ESRR form from the official North Carolina Retirement Systems website or request a physical copy from your employer.
  2. Section A - Personal Information: Fill in your first name, middle initial, last name, and suffix. Provide the last four digits of your Social Security Number (SSN), mailing address, member ID (if known), city, state, and zip code. Include your date of birth, position title, and telephone number.
  3. Section B - Earnings Restrictions: Read the information regarding earnings restrictions for retirees. Understand the implications of returning to work and the potential effects on your retirement benefits.
  4. Section C - Monthly Benefits: Indicate whether you are currently receiving a monthly benefit from any of the listed retirement systems. Check all that apply: Teachers' and State Employees' Retirement System (TSERS), Local Governmental Employees' Retirement System (LGERS), Consolidated Judicial Retirement System (CJRS), Legislative Retirement System (LRS), or Disability Income Plan of North Carolina (DIPNC). If you are not receiving any benefits, select the corresponding option.
  5. Section D - Certification: Sign and date the form to certify that the information provided in Sections A and C is accurate to the best of your knowledge. Acknowledge your understanding of the potential consequences of providing false information.
  6. Section E - Submission: Submit the completed form to your employer. Do not send the form directly to the Retirement Systems Division. Ensure your employer retains a copy for their records.

Once you have submitted the form to your employer, they will handle the necessary reporting to the Retirement Systems Division. It is crucial to keep a copy for your own records, as it serves as proof of your compliance with the return-to-work laws. If you have any questions or need further clarification, do not hesitate to reach out to your employer or the Retirement Systems Division for assistance.

Your Questions, Answered

1. What is the North Carolina ESRR form?

The North Carolina ESRR form is used to certify an employee's status under retirement reemployment laws. It helps employers report rehired retirees to the Retirement Systems Division (RSD) and ensures compliance with state regulations. The form requires information about the retiree's current employment status and any benefits they may be receiving.

2. Why do I need to complete the ESRR form?

Completing the ESRR form is essential for employers to avoid penalties for failing to report rehired retirees. The form confirms whether the retiree is receiving benefits and helps ensure that the employer complies with reemployment laws. If an employee does not disclose their benefit status, they may be responsible for repaying any overpayments made by the RSD.

3. What information do I need to provide on the form?

The form requires personal details such as your first name, last name, Social Security number (last four digits), mailing address, date of birth, position title, and telephone number. You must also indicate whether you are currently receiving a monthly benefit from any of the retirement systems listed.

4. What are the return-to-work laws for retirees?

Return-to-work laws dictate that retirees may face earnings restrictions when returning to work. If you exceed the allowable earnings limit, your retirement benefits may be suspended. Specific rules apply depending on the retirement system from which you retired, such as the Teachers' and State Employees' Retirement System (TSERS) or the Local Government Employees' Retirement System (LGERS).

5. What happens if I return to work before the required six-month period?

If you return to work for a TSERS employer before the six-month separation period, your retirement benefits will be revoked retroactively to your retirement date. This means you will need to repay all benefits received during that time. It's crucial to understand these rules before accepting any reemployment.

6. How do earnings limits affect my retirement benefits?

Earnings limits vary based on your retirement system. For example, retirees from LGERS must stop receiving benefits if their earnings exceed $28,080 or 50% of their compensation from the previous year. These limits are adjusted annually based on the Consumer Price Index. If you exceed these limits, your retirement payment will be suspended until the following year.

7. Can I work as a nursing instructor after retirement?

Yes, TSERS retirees can return to work as nursing instructors without facing earnings limitations, provided they meet specific conditions. These include having a six-month separation from service, working in a certified nursing program, and being certified by the appropriate educational system. Your employer must also demonstrate a shortage of qualified instructors.

8. Where do I submit the ESRR form?

You must submit the completed ESRR form to your employer, not the Retirement Systems Division. Your employer is responsible for retaining the form for their records. Ensure that all information is accurate to avoid any issues with your retirement benefits.

9. What should I do if I have questions about the form or reemployment laws?

If you have questions about the ESRR form or the reemployment laws, contact the Retirement Systems Division. They can provide guidance based on your specific situation and help clarify any uncertainties you may have.

10. What are the consequences of falsifying information on the ESRR form?

Falsifying information on the ESRR form can lead to significant consequences. While the employer may not face penalties for reporting, the employee will be held responsible for repaying any overpayments received if they exceed the allowable earnings limit or violate reemployment laws. It's essential to provide accurate information to avoid these issues.

Common mistakes

  1. Inaccurate Personal Information: One common mistake is providing incorrect personal details in Section A. This includes misspelling names, using incorrect Social Security numbers, or failing to include the member ID. Such errors can delay processing and lead to complications in verifying your status.

  2. Ignoring Earnings Restrictions: Many retirees overlook the importance of understanding earnings restrictions outlined in Section B. Failing to acknowledge these limits can result in unintentional overpayments, which the retiree will be responsible for repaying.

  3. Not Reporting Benefits: In Section C, some individuals mistakenly check the wrong box regarding their receipt of monthly benefits. This can lead to significant issues, including penalties for the employer and potential loss of benefits for the retiree.

  4. Improper Submission: A frequent error occurs when retirees send the ESRR form directly to the Retirement Systems Division instead of submitting it to their employer as instructed in Section E. This misstep can cause delays in processing and create unnecessary confusion.

Documents used along the form

The North Carolina ESRR form is crucial for retirees seeking reemployment while receiving retirement benefits. It helps ensure compliance with state laws regarding earnings restrictions and reemployment provisions. Alongside the ESRR form, several other documents may be necessary to facilitate the process of returning to work after retirement. Below is a list of commonly used forms and documents that complement the ESRR form.

  • Retirement Application Form: This document is submitted when a retiree initially applies for retirement benefits. It includes personal information and details about the retiree's employment history.
  • Employer Reporting Form: Employers use this form to report rehired retirees to the Retirement Systems Division. It helps ensure that the employer complies with state reporting requirements.
  • Return-to-Work Notification: This form notifies the Retirement Systems Division of a retiree's intention to return to work. It is essential for tracking compliance with reemployment laws.
  • W-2 Form: Issued by employers, this form reports the retiree's earnings for the year. It is important for retirees to monitor their income against the earnings limits set by the retirement system.
  • Health Insurance Enrollment Form: This document is used to enroll in health insurance coverage after retirement. It is vital for retirees to understand their health coverage options upon reemployment.
  • Tax Withholding Form: Retirees may need to submit this form to determine their tax withholding preferences on retirement benefits and earnings from reemployment.
  • Retirement Benefits Statement: This statement outlines the details of the retiree's benefits, including monthly payment amounts and any potential adjustments based on reemployment.
  • Disability Benefits Application: If a retiree is applying for disability benefits, this form is necessary to document eligibility and the nature of the disability.
  • Separation Agreement: In some cases, retirees may need to sign a separation agreement outlining the terms of their retirement and any conditions related to future employment.

These documents play a significant role in ensuring that retirees navigate the complexities of reemployment while adhering to state regulations. Understanding and utilizing these forms can help retirees manage their benefits effectively and avoid potential penalties.

Similar forms

The North Carolina ESRR form has similarities with several other documents related to retirement and reemployment. Here are five documents that share common features with the ESRR form:

  • Retirement Application Form: This document is used to apply for retirement benefits. Like the ESRR, it requires personal information and details about the applicant's employment history. Both forms aim to ensure that the applicant meets eligibility criteria for retirement benefits.
  • Reemployment Notification Form: This form notifies the retirement system when a retiree returns to work. Similar to the ESRR, it focuses on the retiree's employment status and any potential impact on their benefits, ensuring compliance with reemployment laws.
  • Annual Earnings Report: This report is submitted by retirees to disclose their earnings. Like the ESRR, it emphasizes the importance of reporting income to avoid overpayments or penalties related to retirement benefits.
  • Benefit Change Request Form: This form is used to request changes to retirement benefits, such as updating payment plans or beneficiaries. It shares the same goal as the ESRR of maintaining accurate records and compliance with retirement regulations.
  • Health Insurance Enrollment Form: This document allows retirees to enroll in health insurance plans. Similar to the ESRR, it requires personal information and ensures that retirees understand the implications of their employment status on their health coverage.

Dos and Don'ts

When filling out the North Carolina ESRR form, it’s important to be careful and thorough. Here’s a list of things you should and shouldn’t do:

  • Do print or type your information clearly using black ink.
  • Do provide your full name, including any middle initials and suffixes.
  • Do include your last four digits of your Social Security Number (SSN).
  • Do check all applicable boxes regarding your monthly benefits from retirement systems.
  • Do ensure that you sign and date the form at the bottom.
  • Don't send the form directly to the Retirement Systems Division (RSD); submit it to your employer instead.
  • Don't leave any required fields blank; complete all sections as instructed.
  • Don't forget to read the Guides associated with the form before signing it.
  • Don't misrepresent your employment status or benefits received; honesty is crucial.
  • Don't wait until the last minute to submit the form; allow time for processing.

Misconceptions

Understanding the North Carolina ESRR form is crucial for retirees looking to return to work. However, several misconceptions can lead to confusion. Here are eight common misunderstandings:

  • Retirees can work for any employer without restrictions. Many believe that once they retire, they can return to work without limitations. In reality, retirees must adhere to specific earnings restrictions based on their retirement system.
  • All retirees can work immediately after retirement. Some think they can start working right after retiring. However, for those in the Teachers' and State Employees' Retirement System (TSERS), there is a mandatory six-month waiting period before returning to work with a TSERS employer.
  • The ESRR form is optional. It's a common belief that completing the ESRR form is not necessary. In fact, employers are required to obtain this form to avoid penalties related to rehired retirees.
  • All earnings are counted the same. Many retirees assume that any income is treated equally. However, earnings limits vary based on the type of employment and the retirement system, and exceeding these limits can lead to benefit suspensions.
  • Once benefits are suspended, they cannot be reinstated. Some retirees think that if their benefits are suspended due to reemployment, they will lose them forever. In reality, benefits can be reinstated once the retiree stops working or meets other specific conditions.
  • Retirees can establish agreements for post-retirement work. It is a misconception that retirees can make arrangements for future employment before retiring. Such agreements can lead to retroactive revocation of retirement benefits.
  • Returning to work as a nursing instructor is always exempt from restrictions. Some believe that all nursing instructors can return to work without limits. However, specific criteria must be met to qualify for this exemption.
  • Filing the ESRR form guarantees job security. Many retirees think that submitting the ESRR form ensures they can return to work without issues. While it is an important step, it does not protect against all potential penalties related to earnings limits.

Understanding these misconceptions can help retirees navigate their return to work more effectively and avoid potential pitfalls.

Key takeaways

Filling out and using the North Carolina ESRR form requires careful attention to detail. Here are key takeaways to ensure compliance and understanding:

  • Complete the form accurately: Use black ink and type or print clearly. Include all required personal information in Section A.
  • Understand earnings restrictions: Retirees may face earnings limits when returning to work. Familiarize yourself with the specific laws that apply to your retirement system.
  • Know your benefits: Indicate whether you are currently receiving benefits from any retirement systems in Section C.
  • Employer submission: Submit the completed ESRR form to your employer, not the Retirement Systems Division (RSD). Your employer must keep this document on file.
  • Sign and certify: In Section D, sign the form to certify that the information provided is correct and that you understand your responsibilities regarding any overpayments.
  • Penalties for non-compliance: Employers must report rehired retirees to avoid penalties. Ensure your employer has the signed ESRR form on file.
  • Return-to-work laws vary: Different rules apply depending on the retirement system from which you retired. Review the relevant guides for specific provisions.
  • Monitor your earnings: If your earnings exceed the allowable limits, your retirement benefits may be suspended. Keep track of your income to avoid issues.
  • Health coverage implications: Returning to work may affect your health coverage under the retiree group of the State Health Plan. Confirm your eligibility with your employer.