2023 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.
* 9.  Notwithstanding  the  provisions  of  this section, sections two
hundred twelve and four hundred one of this  chapter  and  section  five
hundred  three of the education law and any other law, regulation, rule,
local law, or charter to the contrary, a retired person may be  employed
and  earn  compensation  in  a position or positions in the service of a
school district or a board of cooperative educational  services  in  the
state  without  any  effect  on his or her status as retired and without
suspension or diminution of his or her retirement allowance and  without
prior  approval  pursuant  to  subdivision two of this section. Earnings
received as a result of employment in a school district or  a  board  of
cooperative  educational services in the state shall not be applied to a
retired person's earnings  when  calculating  the  earnings  limitations
imposed  by  subdivisions  one  and two of section two hundred twelve of
this article.
* NB Repealed June 30, 2025