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Clayton County Adopts 61‑Day Separation Rule for Rehiring Retirees in Resolution 2025‑249
Summary
The Board adopted Resolution 2025‑249 to make a pension‑board administrative procedure county policy, establishing a 61‑day separation period before rehiring retired employees; commissioners raised concerns about overlap with civil service authority before approving the resolution.
The Clayton County Board of Commissioners on Dec. 2 adopted Resolution 2025‑249, which implements an administrative procedure concerning rehiring retired county employees and adopts a 61‑day separation‑of‑service standard previously set by the pension board.
Mister Reed, introducing the resolution, said the pension board adopted the separation requirement "upon advice of counsel" to avoid situations where a retiree immediately returns to work and jeopardizes the legitimacy of the retirement for IRS purposes. "There was some question about when is there a veil separation of service... The IRS requires that there is a valid separation of service... the pension board... set a time frame of 61 days," Reed said.
Several commissioners asked whether the change would conflict with the civil service board’s existing practice of leaving rehiring decisions to department heads. One commissioner explicitly recommended checking with the civil service board to ensure there was no legal conflict before implementing the policy. Staff described the COO's role as administering the procedure; commissioners expressed concern that the resolution's language could be read as assigning final rehiring authority to the COO rather than to department heads or the civil service process.
After discussion and some request to reconcile language with civil service authorities, the board moved, seconded and voted to approve the resolution.
The transcript records questions and requests to consult with the civil service board but does not show that the board postponed adoption to resolve those questions; the resolution was adopted during the same meeting.
