For Immediate Release: June 14, 2021
Contact: info@nhrs.org; 603-410-3500, Press 2
CONCORD, NH – With the expiration of Gov. Sununu’s COVID-19 state of emergency order (Executive Order 2021-10) on June 11, all hours worked by New Hampshire Retirement System (NHRS) retirees for participating employers on or after June 12, 2021, will count toward the annual statutory limits on retiree work hours.
The governor initially declared the state of emergency on March 13, 2020, and it has been extended, without interruption, multiple times over the past 15 months. All hours worked by NHRS retirees for participating employers during the state of emergency have not counted toward the annual limits on retiree work hours.
As a reminder, the law limits NHRS retirees who began working part-time for retirement system participating employers after January 1, 2019, to a maximum of 1,352 hours worked per calendar year. (A calendar year is January 1-December 31.)
The law also contains a “grandfathering” provision that allows retirees already working part-time for one or more participating employers on the effective date of the law (January 1, 2019) to work a maximum of 1,664 hours per calendar year for as long as they remain in at least one of the position(s) they held on that date.
28-day Separation From Service
Additionally, the expiration of the state of emergency nullifies the Governor’s emergency order (Emergency Order 35) waiving the statutory 28-day separation from service requirement for new retirees. The waiver allowed new retirees, effective April 24, 2020, to commence part-time employment with NHRS-participating employers immediately upon retirement with no waiting period.
The 28-day separation from service requirement is in effect for new retirees, effective July 1, 2021, and thereafter. This means July 1, 2021, retirees must wait 28 days to begin working on a part-time basis for any NHRS-participating employer.
RSA 100-A: 1, XXXIV, states that "no retired member shall be employed on a part-time basis by any participating employer for a period of 28 days from the member's effective date of retirement." The “effective date of retirement” is always the first day of a month (e.g. July 1, August 1, etc.).
Note: Because the emergency order was in effect on June 1, any June 1, 2021, retirees already working part-time are not subject to the 28-day separation.
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For more information on the laws governing post-retirement employment, see: https://www.nhrs.org/faqs/faq-part-time-employment-of-nhrs-retirees-(effective-1-1-19)