NY Ret & SS L § 211 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 7 - Re-Employment in Public Service of Retired Public Employees 211 - Employment of Retired Persons Without Diminution of Retirement Allowance.

§  211. Employment of retired persons without diminution of retirement allowance. 1. Notwithstanding the provisions  of  sections  one  hundred one,  two hundred twelve and four hundred one of this chapter or section five hundred three of the education law, or the provisions of any  local law  or  charter, a retired person may be employed and earn compensation in a position or positions in the public service, without any effect  on his or her status as retired and without suspension or diminution of his or  her retirement allowance subject to one of the following: (a) His or her total compensation in such position or  positions  in  any  calendar year,  including  compensation  earned  under  other  provisions of this article, shall not exceed the multiple  of  five  hundred  dollars  next higher  than  the  difference  between  (1) the sum of his or her annual retirement allowance computed without optional modification plus  annual supplemental  retirement  payments,  if any, and (2) the salary on which his or her retirement allowance is based or his  or  her  final  salary, whichever is greater; or (b) The position in which he or she is employed is not a position in the service of a former employer.   2.  (a)  No  retired  person  may  be employed in a position in public service pursuant to subdivision one hereof except upon approval of  (1) the state civil service commission; or  (2) the commissioner of education if such person is to be employed  in the unclassified service of a school district other than the city of New York, a board of cooperative educational services or a county vocational education and extension board; or  (3)  the municipal civil service commission of the city of New York if such person is to be employed in a position in the service of  the  city of  New  York  or in the classified service in the board of education of such city; or  (4) the chancellor of the city school district of the city of New York if such person is to be employed in the unclassified service  under  the board of education of the city of New York; or  (5)  the  board  of  higher  education of the city of New York if such person is to be employed in the classified or unclassified service under the board of higher education of the city of New York; or  (6) the chancellor of  state  university  if  such  person  is  to  be employed  in  the  unclassified  service  of the state university of New York,  or  in  the  professional  service  at  the  state  colleges   of agriculture, home economics, veterinary medicine or industrial and labor relations,  the  state  agricultural experiment station at Geneva or any other institution or agency under the management and control of  Cornell university   as  representative  of  the  board  of  trustees  of  state university of New York, or at the state college of  ceramics  under  the management  and  control  of  Alfred university as representative of the board of trustees of state university of New York or in the unclassified service of a community college other than those in the city of New York; or  (7) the chief administrator of the courts if  such  person  is  to  be employed  in  a  judicial  or  nonjudicial position in the unified court system.  (b) Such approval may be granted only on the written  request  of  the prospective  employer  of such retired person, which request shall state detailed reasons therefor related to the standards set forth herein, and on a finding, on evidence satisfactory to  the  appropriate  officer  or authority specified in paragraph (a) of this subdivision,  (1)   that  the  retired  person  is  duly  qualified,  competent  and physically fit for performance of the duties of the position in which he or  she  is  to  be  employed  and  is  properly  certified  where  such certification is required;  (2)  that  he  or  she will earn more than one thousand dollars in one year,  including  compensation  earned  in  such  position  under  other provisions  of  this  article  that  there are not readily available for recruitment persons qualified to perform the duties  of  such  position; and (4)];  (3)  that the prospective employer has prepared a detailed recruitment plan to fill such vacancy on a permanent basis;  (4) that his or her  employment  is  in  the  best  interests  of  the government service; and  (5)(i)  that  there  is an urgent need for his or her services in such position as a result  of  an  unplanned,  unpredictable  and  unexpected vacancy  where  sufficient  time is not available to recruit a qualified individual and that such hiring shall be deemed as non-permanent  rather than a final filling of such position; or  (ii)   that   the   prospective   employer  has  undertaken  extensive recruitment efforts to fill such vacancy and as a  result  thereof,  has determined  that there are no available non-retired persons qualified to perform the duties of such position.   Such approvals may be granted for  periods  not  exceeding  two  years each,  provided  that  such person may not return to work in the same or similar position for a period of  one  year  following  retirement.  The authority  or  officer  specified  in paragraph (a) of this subdivision, upon approving employment of a retired person under this section,  shall certify  such  approval  to  the  retirement system or pension plan from which such person is receiving a retirement allowance.  (c) Notwithstanding any provision of this subdivision, designation  of a   retired   person   as  a  judicial  hearing  officer  by  the  chief administrator  of  the  courts,  pursuant  to  provisions   of   article twenty-two  of  the  judiciary  law,  shall  constitute  approval  under subparagraph seven of paragraph (a) of this subdivision. In making  such a  designation,  the  chief  administrator  shall  not be subject to the provisions of paragraph (b) of this subdivision, except that  the  chief administrator shall certify such designation to the retirement system or pension  plan from which the person designated is receiving a retirement allowance.   3. If a retired person employed  under  this  section  earns  in  such employment  in  any  calendar  year  an  amount in excess of the maximum earnings allowed under subdivision one of this section,  his  retirement allowance  and supplemental retirement payments shall be suspended until the total amount so suspended equals the amount of such excess.   4. A retired person who returns to public service on or after  January first,  nineteen  hundred seventy-four, as a consultant shall be subject to the limitations applicable to a reemployed retiree  as  specified  in this section or in any other provision of law.   5.  An  officer,  commission  or  board  specified in paragraph (a) of subdivision two of this section which has approved the employment of any retired person is hereby authorized to require such retired  person  and the   department   head   or  other  appointing  authority  under  whose jurisdiction such retired person is employed  to  furnish  at  any  time information  concerning  the  employment  and  earnings  of such retired person. It shall be the duty of such retired person and such  department head  or  other  appointing  authority to co-operate fully in furnishing such requested  information.  Such  officer,  commission  or  board  may rescind  approval  granted  for  the employment of a retired person upon finding   that   such   approval   was   obtained   by   deception    or misrepresentation  of  any material fact, or that such retired person is serving in a position or engaged in duties substantially different  from the  position  or  duties for which his employment was approved, or that  such employment does not otherwise conform with the requirements of this section, or that such retired person or the  department  head  or  other appointing  authority under whose jurisdiction he is employed has failed to  co-operate  fully in furnishing requested information concerning the employment and earnings of such retired person.   6. Any request for approval of the  employment  of  a  retired  person under  this  section,  including  the  reasons  stated therefor, and the findings and determination on such request shall be a public record open for inspection in the office of the officer, commission or board  making such  findings  and  determination  as  specified  in  paragraph  (a) of subdivision two of this section.   7. The provisions of this section shall not be construed to  authorize the employment of any person in any position in the civil service except in  compliance  with  requirements  of  the  civil service law and rules applicable to such employment.   8. Each officer, commission or board specified  in  paragraph  (a)  of subdivision  two  of  this  section  may  adopt appropriate regulations, procedures and forms  for  implementation  of  the  provisions  of  this section.  Such regulations may authorize employment of a retired person, without prior approval, but pending application for approval under  this section, in situations of unforeseen and immediate need.