§ 211 — Employment of retired persons without diminution of retirement allowance

New York § 211

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 7: Re-employment In Public Service of Retired Public Employees

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§ 211. Employment of retired persons without diminution of retirement\nallowance. 1. Notwithstanding the provisions of sections one hundred\none, two hundred twelve and four hundred one of this chapter or section\nfive hundred three of the education law, or the provisions of any local\nlaw or charter, a retired person may be employed and earn compensation\nin a position or positions in the public service, without any effect on\nhis or her status as retired and without suspension or diminution of his\nor her retirement allowance subject to one of the following: (a) His or\nher total compensation in such position or positions in any calendar\nyear, including compensation earned under other provisions of this\narticle, shall not exceed the multiple of five hundred dollars next\nhigher than the difference between (1) the sum of his or her annual\nretirement allowance computed without optional modification plus annual\nsupplemental retirement payments, if any, and (2) the salary on which\nhis or her retirement allowance is based or his or her final salary,\nwhichever is greater; or (b) The position in which he or she is employed\nis not a position in the service of a former employer.\n 2. (a) No retired person may be employed in a position in public\nservice pursuant to subdivision one hereof except upon approval of\n (1) the state civil service commission; or\n (2) the commissioner of education if such person is to be employed in\nthe unclassified service of a school district other than the city of New\nYork, a board of cooperative educational services or a county vocational\neducation and extension board; or\n (3) the municipal civil service commission of the city of New York if\nsuch person is to be employed in a position in the service of the city\nof New York or in the classified service in the board of education of\nsuch city; or\n (4) the chancellor of the city school district of the city of New York\nif such person is to be employed in the unclassified service under the\nboard of education of the city of New York; or\n (5) the board of higher education of the city of New York if such\nperson is to be employed in the classified or unclassified service under\nthe board of higher education of the city of New York; or\n (6) the chancellor of state university if such person is to be\nemployed in the unclassified service of the state university of New\nYork, or in the professional service at the state colleges of\nagriculture, home economics, veterinary medicine or industrial and labor\nrelations, the state agricultural experiment station at Geneva or any\nother institution or agency under the management and control of Cornell\nuniversity as representative of the board of trustees of state\nuniversity of New York, or at the state college of ceramics under the\nmanagement and control of Alfred university as representative of the\nboard of trustees of state university of New York or in the unclassified\nservice of a community college other than those in the city of New York;\nor\n (7) the chief administrator of the courts if such person is to be\nemployed in a judicial or nonjudicial position in the unified court\nsystem.\n (b) Such approval may be granted only on the written request of the\nprospective employer of such retired person, which request shall state\ndetailed reasons therefor related to the standards set forth herein, and\non a finding, on evidence satisfactory to the appropriate officer or\nauthority specified in paragraph (a) of this subdivision,\n (1) that the retired person is duly qualified, competent and\nphysically fit for performance of the duties of the position in which he\nor she is to be employed and is properly certified where such\ncertification is required;\n (2) that he or she will earn more than one thousand dollars in one\nyear, including compensation earned in such position under other\nprovisions of this article that there are not readily available for\nrecruitment persons qualified to perform the duties of such position;\nand (4)];\n (3) that the prospective employer has prepared a detailed recruitment\nplan to fill such vacancy on a permanent basis;\n (4) that his or her employment is in the best interests of the\ngovernment service; and\n (5)(i) that there is an urgent need for his or her services in such\nposition as a result of an unplanned, unpredictable and unexpected\nvacancy where sufficient time is not available to recruit a qualified\nindividual and that such hiring shall be deemed as non-permanent rather\nthan a final filling of such position; or\n (ii) that the prospective employer has undertaken extensive\nrecruitment efforts to fill such vacancy and as a result thereof, has\ndetermined that there are no available non-retired persons qualified to\nperform the duties of such position.\n Such approvals may be granted for periods not exceeding two years\neach, provided that such person may not return to work in the same or\nsimilar position for a period of one year following retirement. The\nauthority or officer specified in paragraph (a) of this subdivision,\nupon approving employment of a retired person under this section, shall\ncertify such approval to the retirement system or pension plan from\nwhich such person is receiving a retirement allowance.\n (c) Notwithstanding any provision of this subdivision, designation of\na retired person as a judicial hearing officer by the chief\nadministrator of the courts, pursuant to provisions of article\ntwenty-two of the judiciary law, shall constitute approval under\nsubparagraph seven of paragraph (a) of this subdivision. In making such\na designation, the chief administrator shall not be subject to the\nprovisions of paragraph (b) of this subdivision, except that the chief\nadministrator shall certify such designation to the retirement system or\npension plan from which the person designated is receiving a retirement\nallowance.\n 3. If a retired person employed under this section earns in such\nemployment in any calendar year an amount in excess of the maximum\nearnings allowed under subdivision one of this section, his retirement\nallowance and supplemental retirement payments shall be suspended until\nthe total amount so suspended equals the amount of such excess.\n 4. A retired person who returns to public service on or after January\nfirst, nineteen hundred seventy-four, as a consultant shall be subject\nto the limitations applicable to a reemployed retiree as specified in\nthis section or in any other provision of law.\n 5. An officer, commission or board specified in paragraph (a) of\nsubdivision two of this section which has approved the employment of any\nretired person is hereby authorized to require such retired person and\nthe department head or other appointing authority under whose\njurisdiction such retired person is employed to furnish at any time\ninformation concerning the employment and earnings of such retired\nperson. It shall be the duty of such retired person and such department\nhead or other appointing authority to co-operate fully in furnishing\nsuch requested information. Such officer, commission or board may\nrescind approval granted for the employment of a retired person upon\nfinding that such approval was obtained by deception or\nmisrepresentation of any material fact, or that such retired person is\nserving in a position or engaged in duties substantially different from\nthe position or duties for which his employment was approved, or that\nsuch employment does not otherwise conform with the requirements of this\nsection, or that such retired person or the department head or other\nappointing authority under whose jurisdiction he is employed has failed\nto co-operate fully in furnishing requested information concerning the\nemployment and earnings of such retired person.\n 6. Any request for approval of the employment of a retired person\nunder this section, including the reasons stated therefor, and the\nfindings and determination on such request shall be a public record open\nfor inspection in the office of the officer, commission or board making\nsuch findings and determination as specified in paragraph (a) of\nsubdivision two of this section.\n 7. The provisions of this section shall not be construed to authorize\nthe employment of any person in any position in the civil service except\nin compliance with requirements of the civil service law and rules\napplicable to such employment.\n 8. Each officer, commission or board specified in paragraph (a) of\nsubdivision two of this section may adopt appropriate regulations,\nprocedures and forms for implementation of the provisions of this\nsection. Such regulations may authorize employment of a retired person,\nwithout prior approval, but pending application for approval under this\nsection, in situations of unforeseen and immediate need.\n * 9. Notwithstanding the provisions of this section, sections two\nhundred twelve and four hundred one of this chapter and section five\nhundred three of the education law and any other law, regulation, rule,\nlocal law, or charter to the contrary, a retired person may be employed\nand earn compensation in a position or positions in the service of a\nschool district or a board of cooperative educational services in the\nstate without any effect on his or her status as retired and without\nsuspension or diminution of his or her retirement allowance and without\nprior approval pursuant to subdivision two of this section. Earnings\nreceived as a result of employment in a school district or a board of\ncooperative educational services in the state shall not be applied to a\nretired person's earnings when calculating the earnings limitations\nimposed by subdivisions one and two of section two hundred twelve of\nthis article.\n * NB Repealed June 30, 2027\n