NC COVID-19 Bill

Effective Monday, May 4, 2020, a series of COVID related bills were signed into law, including a provision for temporary relief from the return to work restrictions.

This time-limited provision directly impacts retirees returning to work in a position needed due to the COVID-19 pandemic. There are some important requirements that apply should you have a need to re-hire an individual under the Section 4.23 of the COVID-19 state legislation.

Temporary relief from the return-to-work restrictions apply if the position to which the member is returning to is needed due to the COVID-19 pandemic, which is certified by the employer.

Tab/Accordion Items

  • Individuals who retired on or after October 1, 2019 and before April 1, 2020 from the Teachers’ and State Employees Retirement System (TSERS) or Local Governmental Employees’ Retirement System (LGERS) are eligible for the temporary relief from the return-to-work separation from service restrictions, provided the position is needed due to the COVID-19 pandemic.
  • If the individual meets the above criteria and is a TSERS member, the required separation from service from a TSERS employer will be reduced to one-month, instead of the mandatory six-month separation requirement.
  • Individuals who are members of LGERS or TSERS and retired prior to October 1, 2019 would have already met the required separation from service and would be eligible for the temporary relief from the return-to-work restrictions, provided the position is needed due to the COVID-19 pandemic.

No, this provision does not apply to a person that retired on April 1, 2020. Therefore, an individual who retires from a TSERS employer on April 1, 2020 must meet the six-month separation from service requirement before returning to work. An individual who retires from an LGERS employer on April 1, 2020 must meet the required one-month separation from service.

Individuals who retired prior to April 1, 2020, whose earnings are related to a position needed due to the COVID-19 pandemic, are eligible.

The COVID-19 temporary relief provisions continue through August 1, 2020.

For individuals who retired prior to April 1, 2020, earnings received between March 10, 2020 and the expiration of this provision will not be treated as earnings towards the annual earnable allowance for an individual hired with a TSERS or LGERS employer, provided the individual meets the eligibility requirements and the earnings are related to a position that is needed during the COVID-19 pandemic.

Earnings after August 1, 2020 will count toward the earnable allowance.

  • It is the responsibility of the employer to certify that the individual returning to work meets the eligibility criteria and the position they are filling is needed due to the COVID-19 pandemic.
  • Confirm the individual retired in the eligible timeline – on or after October 1, 2019 and before April 1, 2020.

If an individual is not rehired under the provision, but is retired and returning-to-work, it is the responsibility of the employer to notify the Retirement Systems Division in writing within 10 business days of rehire that the individual’s reemployment is not related to COVID-19 pandemic.

As a final step in your rehire process, you are required to send a separate email for each individual returning to work under the COVID-19 provision and include the following: 

  • I certify the individual below meets the eligibility criteria and the position they are filling is needed due to the COVID-19 pandemic
  • Name
  • Member ID
  • Date of Rehire

Click here to send an email so we can reference the information on the member’s account.