RETIREE
RESOURCES
Areas to Explore
Sections 211 and 212 of the
Retirement and Social Security Law were enacted to place appropriate
restrictions on the rehiring of former public employees. The law reflects
the recognition that, under most circumstances, it is inappropriate
for a former public employee to receive a publicly-funded pension and
be simultaneously employed by a publicly-funded governmental agency.
By their language, these
sections of law also recognize that in some circumstances no adequate
labor pool exists to perform duties essential to the delivery of government
services. In such circumstances, retirees may perform the required work.
The Retiree Resource Work Group embraces the philosophy inherent in
these statutes. We also recognize, however, that hiring skilled retirees
can help State agencies provide necessary services during times of crisis
at a reduced rate, with little or no additional training and without
creating an unnecessary, permanent employment relationship.
If current trends continue,
it is incumbent upon State government to seek creative ways to meet
its labor needs. Retirees provide a significant resource to us, and
to the people we serve, one which should not be overlooked.
Based upon considerable review,
exploration with several New York State agencies and projections of
future trends, the Retiree Resource Work Group suggests the following
recommendations:
Information
Data
Bank
Sections
211 and 212
- Explore whether the limits
imposed by the earnings formula used for Section 211 are realistic
in light of the need agencies will experience for skilled retirees.
This can be done by applying the formula to a range of hypothetical
salaries and then asking the question: Is it reasonable to expect
that retirees will be willing to return given this limit on their
earnings?
- Learn how the earnings
cap in Section 212 (currently $25,000) is determined. Ascertain if
this is an arbitrary figure of if it is based on some reasonable formula.
- Use an annual maximum
number of work hours in lieu of an annual earning cap for Section
212 hires to address salary needs in several titles. http://www.wa.gov/DRS/member/5937faq.htm
Control
Agencies
- When fiscal conditions
restrict hiring generally, allow expedited and/or blanket waivers
for re-hiring retirees as a strategy for addressing critical needs
while achieving cost savings.
- Grant a waiver on the
basis of an annualized FTE that could be shared by a rotating pool
of retirees.
- Redefine the duration
of temporary six-month positions to allow their use as needed within
one fiscal year rather than being limited to six consecutive months.
- Create a generic Civil
Service job title for employment of retirees, e.g., Knowledge Transfer
Specialist, Special Program Assistant, etc.
- Revise OSC salary rules
for employment of State retirees to permit hiring State retirees at
the hourly rate of their former position if they are doing work at
their former level.
- Create incentives not
otherwise available to attract retirees to return to work, e.g., benefit
coverage including dental insurance, hearing coverage, vision coverage,
health insurance premium reduction. http://www.businesswire.com/webbox/bw.030101/210602360.htm
- Establish enhanced flexible
scheduling and phased retirement programs. http://www.businesswire.com/webbox/bw.030101/210602360.htm
Individual
Agencies
New York State Government
is composed of talented, knowledgeable, and dedicated individuals. Many
of these employees have recently, or will soon be, retired. It is hoped
that agencies will benefit from the material and sources provided in
this report, and that they will consider, explore, and expand upon ways
to utilize this valuable human resource.
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