Back in the classroom, still drawing a TFFR pension

The general rule, the critical shortage exception and what happens if you go over are below; the glossary defines the terms. TFFR has no automatic COLA, so your pension stays flat while you work. Related: taxes and retiree health.

The general rule

After 30 days from the retirement date you may return to TFFR-covered work up to an annual hour limit (July 1-June 30) set by contract length, and keep your benefit. Member and employer contributions are paid on the salary; they add to your account value but do not change the benefit. Handbook pp. 26-28, Employment after retirement, General Rule; NDCC 15-39.1-19.1(1)

Not counted toward the limit: non-contracted substitute teaching, in-staff subbing, extracurricular duties, professional development. Handbook pp. 26-28, Employment after retirement, General Rule; NDCC 15-39.1-19.1(1)

Critical shortage areas

Exception A: in a critical shortage area or subject set each year by the Education Standards and Practices Board, you may exceed the hour limit and keep your benefit after a one-year wait (non-contracted subbing, extracurricular duties and professional development allowed during the wait). Re-apply each year. Handbook pp. 28-29, Exception A; NDCC 15-39.1-19.2

Going over the limit

Exception B: after 30 days you may exceed the limit; the benefit stops the first of the month after you reach the limit. At re-retirement your benefit is the original benefit plus a benefit for the return-to-work period, with the same option. Handbook p. 29, Exception B; p. 30, At-A-Glance; NDCC 15-39.1-19.1(1)(g), (2)

Work the limits don't cover

• Teaching in public colleges and universities
• Teaching in private schools
• Employment outside education
• Employment outside North Dakota
• Non-contracted substitute teaching

Telling RIO

The employer must notify RIO within 30 days of the retiree's return, each year. Failure to notify and pay contributions costs the retiree one month's benefit and the employer a $250 penalty. No written pre-arranged re-employment agreement may exist at retirement. Handbook p. 27; NDCC 15-39.1-19.1(1)(c), (g); NDAC 82-05-06-01

From the sources

• After 30 days you may return to TFFR-covered work and keep your benefit if you stay under an annual hour limit: 700 hours for a 9-month contract, 800 for 10, 900 for 11, 1,000 for 12. Contributions are paid but do not raise your benefit.Handbook pp. 27-28, General Rule; NDCC 15-39.1-19.1(1)
• In a critical shortage area set each year by the Education Standards and Practices Board you may work without an hour limit after a one-year wait. Or you can exceed the limit after 30 days and have your benefit suspended, then recalculated when you retire again.Handbook pp. 28-30; NDCC 15-39.1-19.2
• The limits do not apply to teaching in public colleges and universities or private schools, work outside education, work outside North Dakota, or non-contracted substitute teaching.Handbook p. 26
• Your employer must notify RIO within 30 days of your return, each year. If not, you lose one month's benefit and the employer pays a $250 penalty.Handbook p. 27

Questions

See your return-to-work dates →