§ 212 — Employment of retired persons

New York § 212

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

Text

§ 212. Employment of retired persons. 1. Notwithstanding the\nprovisions of section one hundred one, two hundred eleven or four\nhundred one of this chapter or of section five hundred three of the\neducation law, or the provisions of any local law or charter, any\nretired person may continue as retired and, without loss, suspension or\ndiminution of his or her retirement allowance, earn in a position or\npositions in public service in any calendar year an amount not exceeding\nthe amount set forth in the table in subdivision two of this section\nprovided such retired person employed under this section duly executes\nand files with the retirement system from which he or she is receiving a\nretirement allowance a statement that he elects to have the provisions\nof this section apply to him or her. A statement of election executed\nand filed pursuant to this section may be withdrawn by a retired person\nat any time by a statement similarly executed and filed. However, there\nshall be no earning limitations under the provisions of this section on\nor after the calendar year in which any retired person attains age\nsixty-five. The retirement board of the New York state teachers'\nretirement system is authorized to adopt rules and regulations which\nwould allow retired persons receiving a retirement allowance from such\nsystem to make such statements of earnings from a position or positions\nin public service as such board shall determine necessary to enforce the\nprovisions of this section in lieu of the foregoing statement of\nelection.\n 2. The earning limitations for retired persons in positions of public\nservice under this section shall be in accordance with the following\ntable:\n For the year Earnings limitation\n 1996 $12,500\n 1997 $13,500\n 1998 $14,500\n 1999 $15,500\n 2000 $17,000\n 2001 $18,500\n 2002 $20,000\n 2003 $25,000\n 2004 $27,500\n 2005 and 2006 $27,500\n 2007 through 2019 $30,000\n 2020 and thereafter $35,000\n 3. Notwithstanding the provisions of subdivisions one and two of this\nsection, the commissioner of education may determine, pursuant to\nsection two hundred eleven of this article, that such earnings\nlimitations shall not apply to a retired police officer employed by a\nschool district as a school resource officer.\n