working after retirement/ working while pensioned...working while pensioned rules clergy pension...
TRANSCRIPT
Anthony Cota AVP Policy and Design, Benefits Policy
Clayton Crawley EVP Chief Church Relations Officer
October 1, 2019
Episcopal Business Administration Conference
Working After Retirement/
Working While Pensioned
Working While Pensioned Roadmap
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Universal
WWP
Rules
Age 65
Medicare
Secondary
Payer Rules
Bona Fide
Severance
Age 72
Pension Plan Rules
Working While Pensioned Rules
Clergy Pension Plan Rules
• Do NOT work in same church or institution from
which you retired (regardless of compensation)
• If at a different employer, do NOT exceed the
compensation limit for a 12-month period (limit
beginning in 2019 is $39,000)
• No limits on work outside the Episcopal Church
Criteria not met?
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Working While Pensioned Exceptions
Under Age 65• Same or Different Employer
– Application executed by geographic bishop
– Obtain approval from CPF
• Same Employer
– Must be a different position with limited scope
and compensation
– “Bona fide” severance from employment
• Two-year lifetime limit
Age 65 or Older– Comply with Medicare Secondary Payer rules
Bona Fide Severance—IRS Rules
Must have bona fide severance from employer if retiring prior to
age 65 and return to same employer
(Treas. Reg. Section 1.401(a)-1(b))
What is bona fide severance?
• Will look at intent of cleric and employer when cleric retired
• Facts and circumstances
– Were normal termination procedures followed?
– Was the rehire prearranged?
– Was employer actively looking for replacement?
Bona Fide Severance—IRS Rules (cont’d)
Failure to Comply
• Qualified plan issue
• Impact to cleric’s pension benefit
Working While
Pensioned Examples
Bona Fide Severance
Facts of the Case
• Age 63 cleric
• Same employer, limited job after retirement
• Exception requested
• Letter stated that the rehire date is part of a “plan”
– Result– Since the rehire was part of a plan, a bona fide severance
was not demonstrated
– CPF declined the exception
– Cleric decided to return to work and suspend pension benefits
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Working While Pensioned
Facts of the Case
• Age 67 cleric
• Same employer, same job after retirement
• Worked for 24 months
• Received CPF pension
• Failed to notify CPF
– Result– Pension payments ceased immediately
– All pension payments plus interest were required to be
paid back by cleric
– Assessments plus interest were required to be paid by employer
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Medicare Secondary
Payer Rules
Medicare Secondary Payer (MSP) Rules
MSP Rule Highlights
• Outlines when Medicare does not pay first for
health claims
• All employees must be offered the same health
plans—regardless of Medicare eligibility
Medicare beneficiaries can reject employer
coverage
• Retain Medicare as primary coverage
• Purchase secondary coverage
– BUT, not from employer group plan
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Medicare Secondary
Payer Examples
Medicare Secondary Payer
Facts of the Case
• Age 67 deacon
• Same employer, limited scope and compensation
• Working While Pensioned exception granted
• Eligible for Active Medical Trust Coverage,
but declines coverage
– Result
– Employer notified CPF of eligibility for Active Medical Trust Coverage
– CPF terminated Medical Trust Medicare supplement coverage
and subsidy (for the cleric and, if applicable, his/her eligible spouse)
– Employee remained on Medicare
– Employee purchased individual Medicare supplement plan
– In compliance with Medical Trust and MSP rules14
Working While Pensioned Exceptions
Age 72 or Older
• Mandatory Church Retirement Date
• No Working While Pensioned restrictions
• Medicare Secondary Payer rules still apply
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Questions & Answers
Important Disclosures
This information is provided for general informational purposes only and is not
intended as financial, investment, legal, tax, or other professional advice. Neither
The Church Pension Fund nor any of its affiliates (collectively, the “Church
Pension Group”) provides, and none of this information is intended to be or
should be viewed as, financial, investment, legal, tax, or other professional
advice. This presentation is provided for your information only. In the event of a
conflict between the information contained in this presentation and the official
plan documents or policies, the official plan documents or policies will govern.
The Church Pension Group retains the right to amend, terminate, or modify the
terms of any benefit plans described in this presentation at any time, without
notice, and for any reason.
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#2019CPGEBAC
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