1 Dec 2016
As you all know from my Q&A session with Dr. Mack he stated that Dr. Wilcox is labeled as a part time superintendent, but works at a full time capacity behind the scenes. He also states that when he was a full time superintendent he never spent even 20 hours behind his desk, that he works behind the scenes at all times, because that is how he operates instead of sitting behind a desk. My question is this. If you are working more than 20 hours a week you would be considered as a FULL-TIME EMPLOYEE. So the law states this about full-time employment after retiring in order to work and still receive your retirement: FULL-TIME EMPLOYMENT is employment that is more than one-half time. Full-time em­ployment cannot begin until you have a 12 full, consecutive calendar month break in service after your date of retirement. Working full time without taking a 12 full, consecutive calen­dar month break in service will result in the loss of your monthly annuity payment for each month you work full time. You can only work full time without forfeiting an annuity if you have a 12 full, consecutive calendar month break in service. Once you observe this required break in service, you can work for a TRS-covered employer in any capacity and for any amount of time without losing an annuity. So correct me if I am wrong Dr. Wilcox Retired December 2011, then was rehired in February 2012. So in order for him to be a FULL-TIME EMPLOYEE he would have needed to take a 12 full, consecutive calendar month break in service after his date of retirement in order to keep receiving his retirement from the state. Please correct me if my math is off, Retired December 2011, then rehired February 2012, wouldn’t that be close to 62 days, not 12 months? But if Dr. Wilcox is a ONE-HALF TIME EMPLOYEE or PART-TIME EMPLOYEE he would have only had to wait 30 days to come out of retirement to still receive his retirement. Stated below is the definition of a ONE-HALF TIME employee: ONE-HALF TIME EMPLOYMENT is working or using paid leave for no more than the equiv­alent of four clock hours for each workday in that calendar month (each Monday-Friday in the calendar month, including holidays and days the employer is closed for business that fall on Monday-Friday). So my question is this: Does the board see Dr. Wilcox as a FULL-TIME EMPLOYEE? If so then He needs to forfeit his annuity, due to not taking a 12 month break after the date of retirement. Or Is Dr. Wilcox a ONE-HALF TIME employee? If so then he is only allowed to work only 20 hours a week either in the office or behind the scenes. I was told it was just a title, but he works full time for the district. If he is using the part-time status to receive his retirement and be paid by the district as well, wouldn’t that be fraud
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