Section 211 Information
If the retiree has not attained the age 65 or has not reached the calendar year in which they turn 65, and his/her annual earnings will exceed the annual earning limitation established in Section 212 ($35,000 since 2020), the employer may apply to the appropriate authority for permission to employ the retiree under the provisions of Section 211. The only impact of the approval to employ a retiree under Section 211 is that the retiree may be employed for up to a two-year period and continue to receive his/her pension benefit. Failure to gain approval would result in the retiree having to either suspend his/her pension, rejoin the retirement system, or restrict his/her earnings to $35,000.
The retiree's prospective employer must request approval for employment of the retiree under Section 211 from the appropriate authorizing agency for the retiree to receive his/her pension while still working. Usually, that authorizing agency is the State Civil Service Commission. However, depending on where the retiree is employed, one of the agencies listed below may be the appropriate authorizing agency to grant this approval:
- The Commissioner of Education
- The Chancellor of the State University of New York
- The Chancellor of the New York City Department of Education
- New York City Department of Citywide Administrative Services
- The Chief Administrator of the Unified Court System
- The Board of Higher Education of the City of New York (CUNY)
If a request to employ a retiree under Section 211 is approved and the employer is not the same employer from which the person retired, the allowable earnings would be unlimited.
If a request to employ a retiree under Section 211 waiver is approved and the service is with the same employer from which the person retired, the post retirement earnings will be limited by the formula contained in Section 211 (1)(a). The retiree's Retirement System will calculate the earnings limitations. Any questions regarding the calculation of earning limitations should be referred to the retiree's Retirement System.