Post-Retirement Volunteer Services

• 1. Purpose
• This policy outlines the requirements that retirees must meet in order to provide services after retirement, and the obligations of retirees to comply with State of Florida requirements for providing services after retirement, which are specific to the employees’ retirement plan.
• 2. Applicability
• This policy applies to all University of Florida employees who are participants in the Florida Retirement System (FRS) and any individuals who have been employed by an FRS employer and are engaged in or seeking to engage in Services and Post-Retirement Volunteer Services.
• 3. Definitions
• FRS Retiree means an individual who has retired from an FRS covered employer through one of the methods of Retirement.
• Retirement means retirement with the State of Florida occurs when:
  • • An FRS Pension Plan (FRS PP) participant (1) separates employment from all FRS state agencies (2) establishes a retirement date through the application process with the State, AND (3) cashes or deposits their defined benefit payment. (For DROP participants, retirement is defined by when the UF employee separates from service.)
  • • An FRS Investment Plan (FRS IP) participant (1) separates employment from all FRS state agencies, AND (2) files a request to receive a distribution or withdrawal from their defined contribution account.
  • • A State University System Optional Retirement Program (SUSORP) participant (1) separates employment from all FRS state agencies, AND (2) files a request to receive a distribution or withdrawal from their defined contribution account.
• Services means an FRS Retiree engaging in any activities for or on behalf of the University through any arrangement, including but not limited to OPS, adjunct, serving on graduate student supervisory committees, participating on departmental committees, volunteering, advising, conducting University research or business, consulting, fundraising, and providing temporary employment or services, and/or working through a third party, including but not limited to vendors and contractors, regardless of whether such activities are paid or unpaid. An FRS Retiree may not perform any Services during the first 6 calendar months after the Retirement with the State of Florida, except as outlined in this policy. Service may be provided in the 7th calendar month after Retirement with the State of Florida. This definition does not include Post-Retirement Volunteer Services that meet the conditions and requirements outlined in this policy.
• Post-Retirement Volunteer Services means an FRS Retiree engaging in unpaid activities for or on behalf of the University within the first 6 calendar months following Retirement with the State of Florida that meet the requirements in the Post-Retirement Volunteer Services section of this policy. Post-Retirement Volunteer Services do not constitute employment by the University of Florida. A courtesy faculty appointment must be obtained by an FRS Retiree before the FRS Retiree may provide Post-Retirement Volunteer Services during the first 6 calendar months after Retirement with the State of Florida. All courtesy faculty appointments must comply with the University of Florida Courtesy Faculty policy. Retired staff employees must comply with the UF Volunteers Policy and the Post-Retirement Volunteer Services policy but do not require a courtesy faculty appointment.
• 4. Policy Statement
• An individual who is receiving a retirement benefit or plans to receive a retirement benefit from the State of Florida while providing Services of any kind should consult with the Florida Retirement System or the Florida Division of Retirement prior to providing such Services.
• FRS Retirees seeking authorization to provide Services must comply with all requirements and restrictions regarding State of Florida retirement benefits. No Services may be provided by an FRS retiree who does not meet the requirements of the State of Florida.
• Prior to providing Services, FRS retirees should consider the following:
  • a. Review guidance provided by FRS to an FRS covered employee preparing to receive a retirement benefit or distribution from the State of Florida, regarding the requirements, restrictions and limitations related to providing Services to an FRS employer, including the University, after taking a distribution or receiving a benefit from an FRS retirement program, such as the FRS Pension Plan, FRS Investment Plan, or the State University System Optional Retirement Program (SUSORP), including the Deferred Retirement Option Program (DROP) payout.
  • b. There are consequences to individuals and the University for violating these requirements, restrictions and limitations, including retirement fund forfeiture and other penalties.
  • c. University employees shall not take any distributions or receive a benefit from an FRS retirement program that conflicts with the FRS reemployment retirement restrictions and limitations.
  • d. Individuals who are providing or plan to provide Services to the University shall not take any distribution or receive a benefit from an FRS retirement program without first notifying the University and receiving approval to engage in or continue the Services.
  • e. FRS retirees may not provide Services during calendar months 1-6 following Retirement.
  • f. After 6 calendar months following Retirement, an FRS Retiree may provide Services to the University of Florida as a rehired employee, subject to applicable hiring requirements and policies.
  • 4.1. Post-Retirement Volunteer Services
  • An FRS Retiree may provide unpaid Post-Retirement Volunteer Services to the University within the first 6 calendar months following Retirement if the Services comply with this policy.
  • Post-Retirement Volunteer Services do not constitute employment by the University of Florida. A courtesy faculty appointment must be obtained by an FRS Retiree before the FRS Retiree may provide Post-Retirement Volunteer Services at any time following Retirement. All courtesy faculty appointments must comply with the University of Florida Courtesy Faculty policy. Retired staff employees must comply with the UF Volunteers Policy and the Post-Retirement Volunteer Services policy but do not require a courtesy faculty appointment.
  • FRS Retirees may participate in Post-Retirement Volunteer Services to provide civic, charitable, and humanitarian services during the first 6 calendar months following Retirement, provided that the Post-Retirement Volunteer Services meet the following criteria:
    • a. Before the date of retirement, there was no agreement or understanding between the University of Florida and the FRS Retiree that the FRS Retiree would provide any Services or Post-Retirement Volunteer Services to the University.
    • b. Neither the University nor any third party may provide any form of compensation, including cash equivalents, in exchange for Post-Retirement Volunteer Services.
    • c. Employee benefits provided to active employees, including health or life insurance benefits, may not be provided in exchange for Post-Retirement Volunteer Services. However, certain perquisites that are necessary to complete tasks associated with the volunteer activities, such as an assigned uniform or the provision of equipment, are permissible.
    • d. The number of volunteer hours per week, including training, is limited to no more than 20 percent of the amount of time that was expected of the FRS Retiree per week before the date of Retirement.
    • e. A clear distinction between the Post-Retirement Volunteer Services and the duties of an employee is required. An assessment of the totality of the previous duties and comprehensive nature of the previous role will be considered when evaluating the Post-Retirement Volunteer Services.
    • f. Volunteers must maintain control of their volunteer schedule, including the number of hours volunteered and assignments for which they agree to volunteer.
    • g. Adequate volunteer program record keeping must be maintained by both the University and the volunteer to document adherence to the criteria listed in this subsection. The records must be made available to appropriate administrators upon request.
      The University’s affiliation with an FRS Retiree who provides Services or Post-Retirement Volunteer Services does not constitute UF’s verification that an FRS Retiree meets any or all legal requirements and restrictions. FRS Retirees are required to independently confirm their ability to provide any Service and Post-Retirement Volunteer Services and assume all financial and other risks if it is determined their Service or Post-Retirement Volunteer Service is inconsistent with the law as interpreted or applied by the State of Florida.
  • These FRS reemployment restrictions and limitations do not impact participation in or distributions from UF’s voluntary 403(b) plan or the State of Florida 457 Deferred Compensation Plan for UF employees.
  • 4.2. Review and Adjudication
  • The following department is responsible for overseeing implementation of and assuring compliance with this policy. This is whom to contact with questions about the policy or to report suspected violations:
  • UFHR Benefits, Retirement, and Leave
    University of Florida Human Resources
    PO Box 115007
    Gainesville, FL 32611
    (352) 392-2477
    benefits@ufl.edu
• 5. References and Related Information
  • UF Courtesy Faculty Policy: https://policy.ufl.edu/policy/courtesy-faculty/
  • UF Volunteers Policy: https://policy.ufl.edu/policy/volunteers/
  • UFHR Volunteer Coordination site: https://admin.hr.ufl.edu/hiring/volunteer-coordination/

History