Appointments of Retirees Approved by the New York State Civil Service Commission Pursuant to Section 211 of the NYS Retirement and Social Security Law

By law, the Civil Service Commission reviews the return to public employment of retired public employees to determine whether they will be permitted to continue to receive their pensions. The law sets forth a number of conditions for Commission approval and limits any single term of a Section 211 waiver to two years, subject to renewal upon subsequent Commission review.

Appointing officers must recognize that the Civil Service Commission approval grants the continuation of pension benefits during the period of public employment; Commission approval does not relieve appointing officers of all usual merit system requirements for appointment. For example, any non-permanent appointment, including those for which Section 211 privileges are granted, is subject to revocation upon establishment of an eligible list or reemployment list.

APPROVAL OF THE CONTINUED RECEIPT OF A RETIREMENT BENEFIT UNDER SECTION 211 DOES NOT BESTOW PERMANENT STATUS TO THE EMPLOYEE SO APPOINTED.

When appointing someone whose pension benefits have been preserved by Commission action, appointing officers must advise the appointee in writing:

"The NYS Civil Service Commission has approved for a period of up to two years
your continued receipt of pension benefits while you are employed by New York
State. ?his is not a two yearguarantee of employment. Your appointment is subject
to all provisions of law, rule, regulation, and policy governing public employment:
if you have been appointed on an other-than-permanent basis, Le. temporary or
provisional pending examination, certification of a preferred list, a reemployment
roster, or an examination eligible list for your position may result in your
termination. Please consult your personnel office if you have any questions about
this."

Questions should be addressed to your Staffing Services Representative.

References:

• SS 211, 212, NYS Retirement and Social Security Law
• 1850(G), NYS Personnel Management Manual

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