Terminating the Employment Relationship

revocation period has expired”

employee has not revoked his or her agreement prior to that date.”

ADEA Waiver Requirement

Correct Language [or Correct Procedure]

Incorrect Language [or Incorrect Procedure] Eligible: Salary Step Ages Step 5 28-48

[for waivers in connection with a group exit incentive or employment termination program] “the employer…informs the individual in writing…as to: (ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.”

Eligible Employees: Job Title Ages Dispatcher 21, 33, 52(x2), 56, 57….

CSO I 33, 35, 40(x3)

Ineligibles: Job Family Ages Clerical & Admin under 50

Ineligible Employees: Job Title Ages Dispatcher 22, 26, 32, 34

CSO I 44

e. PEPRA Requirements The PEPRA requires a 180 day break in service period before a retired annuitant, who retires pursuant to accepting an early retirement incentive, can return to work for a PERS agency (or an agency with a reciprocal retirement system with PERS) without reinstatement into PERS. 306 In addition, it appears that the PEPRA prohibits early retirement incentives structured as supplemental defined benefit plans that provide for a defined benefit payout over time. 307 If your agency intends on providing an early retirement incentive, we advise that your agency consults with legal counsel to ensure that it complies with the PEPRA.

An employer may not condition the receipt of an early retirement incentive on an employee’s agreement to waive unemployment insurance benefits.

LCW Practice Advisor

2. “G OLDEN H ANDSHAKE ” F OR PERS A GENCIES Agencies contracting with PERS may choose to offer, in the face of impending layoffs, immediate retirement and a purchase of two additional years of service credit for eligible employees. This is commonly referred to as a “PERS Golden Handshake.” 308 The benefit to the agency is the reduction of long-term staffing levels as a cost-saving measure. The benefit to the employee is to retire early, but with the benefit of having two more years of service credit without having actually worked those years. This is typically an attractive option for employees who intend to retire within the next five years, but are continuing to work to obtain one or more

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 88