Eldridge Bay Retirement System

Working After Retirement

Retirees may return to work — but Massachusetts law limits the type and amount of work, particularly for public employment, under MGL Chapter 32 §§ 91 and 91A. Earning over the limits can suspend or reduce your retirement allowance.

Work for any private employer

There are no Chapter 32 limits on private-sector work, including self-employment. You can earn any amount in the private sector without affecting your Massachusetts retirement allowance.

(Private earnings may, however, affect your Social Security benefits if you're under full retirement age — that's a separate federal calculation. See Social Security and Public Pensions.)

Work for a Massachusetts public employer — § 91 limits

If you return to work for any Massachusetts public employer (state, city, town, county, regional school district, authority, etc.), MGL Chapter 32 § 91 imposes two limits:

  1. Hours limit: No more than 1,200 hours in a calendar year (roughly 23 hours a week annualized).
  2. Earnings limit: Your post-retirement earnings from public employment, added to your retirement allowance, cannot exceed the current salary of the position you retired from or the salary your allowance is based on, whichever is greater, plus $25,000 (raised from $15,000 by the FY27 budget, effective July 9, 2026; see PERAC Memo #21/2026). The $25,000 add-on does not apply in the first 12 months immediately following the effective date of your retirement: during that time the limit is the salary alone (§ 91(b)). PERAC Memo #21/2026 says you must have been retired for a full calendar year before the add-on applies.

If you exceed either limit, your retirement allowance is reduced or suspended for the period of the violation. Knowingly exceeding the limits can also result in the board recovering the overpayment.

Disability retirees — § 91A

Disability retirees (whether ordinary or accidental) are subject to stricter earnings limits under MGL Chapter 32 § 91A. The limit relates to the salary of the position the retiree held at disability, escalated for subsequent salary changes. If your earnings plus your retirement allowance go over the limit, you refund the excess portion of that year's allowance (§ 91A).

The § 91A limits apply to earned income from any employer or self-employment, public or private — not just public employment. This is the key difference from § 91.

Annual statement of earnings

Each year, every disability retiree must file an Annual Statement of Earnings (the § 91A form) with PERAC by April 15, reporting your earned income from any employer or self-employment for the prior year, under penalty of perjury (§ 91A; PERAC Memo #16/2026). Retirees who are not disability retirees do not file it.

The form is also available in the Member Portal and on the PERAC website. Failure to file can result in suspension of retirement payments until you comply.

Volunteer service

Volunteer work for a public employer is generally not counted as employment under § 91 or § 91A — but the line between volunteer and employee can get blurry, particularly for board memberships, paid stipends, or recurring "consulting" arrangements. Document the nature of any volunteer role in writing. If a public employer pays you anything (even a per-diem stipend), it likely counts as earnings.

Returning to active membership

If you return to a Massachusetts public position covered by the retirement system and re-establish active membership (i.e., you start contributing again), you have a different category — you're no longer a retiree under § 91. There are specific rules about when this happens; the board's office can walk through them.

Brief reemployment in a non-membership position generally doesn't trigger re-active-membership.

Common questions

I'm thinking of taking a part-time job at the town library — does it count? Yes — the town library is a public employer, so § 91 limits apply. Track your hours and earnings carefully.

What if I work for a state contractor or a private company that has a state contract? The contractor is private. Earnings are unlimited under § 91. (A disability retiree reports them on the § 91A statement.)

I was offered a stipend to serve on a town committee. Does that affect my retirement? A modest committee stipend may push you over the earnings test depending on its size and your other public earnings. Check before accepting — the board can run the numbers.

Where does a disability retiree file the § 91A form? PERAC mails it each spring. You return it by mail or upload it through the PROSPER member function at the address PERAC provides. The board does not file it for you.

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