4420 - Early Retirement and OPS Employment

Adoption Date: 01/08/2018

Revision History: Reviewed 12/14/2020

It is the policy of the Omaha Public Schools to recruit, select, and employ individuals on the basis of their qualifications, including but not limited to their skills, training, and experience. Former employees of the Omaha Public Schools who have retired pursuant to the Omaha School Employees’ Retirement System (OSERS) and are participating in the early retirement program must have a bona fide severance of employment with the Omaha Public Schools if they wish to be re-employed by the Omaha Public Schools and retain retirement benefits and incentives. Where employment with the Omaha Public Schools is obtained by an employee who is participating in the Omaha Public Schools’ early retirement program, and the employee has not had a bona fide severance of employment, the Omaha Public Schools Board of Education shall rescind the early retirement and may seek recovery of any retirement payments and incentive payments made pursuant to same.

A bona fide severance of employment is determined by the facts and circumstances, as defined in federal regulation. In general, the Omaha Public Schools Board of Education will not consider individuals who have been retired for less than 180 days to have a bona fide severance of employment. For purposes of this policy, the date an individual is deemed retired shall be the date the Omaha Public Schools Board of Education officially approves as the effective date of the individual’s retirement.

The District will not have any prearranged employment agreement or commitment to rehire an employee who will retire and participate in the Omaha Public Schools’ early retirement program, prior to such employee’s retirement. Inquiries by employees concerning postretirement employment are not considered, and do not constitute, an agreement for employment with the District.