³ 211. 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