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The practice of bringing retired employees back to work for the state can seem like a good way to retain key expertise. But there are pitfalls. The IRS requires that there be a reasonable break in service before a former employee returns to work. The state is considered a single employer; therefore, an employee who retires from one agency and goes to work for another agency is subject to the restrictions as well as one who returns to his previous agency. Here are some guidelines developed by the Virginia Retirement System to help agencies comply with the IRS requirements:
Failure to show a good-faith effort to comply with these guidelines can result in stiff penalties for the employer.