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This entry was published on 2019-12-13
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Employment of retired persons
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 7
§ 212. Employment of retired persons. 1. Notwithstanding the
provisions of section one hundred one, two hundred eleven or four
hundred one of this chapter or of section five hundred three of the
education law, or the provisions of any local law or charter, any
retired person may continue as retired and, without loss, suspension or
diminution of his or her retirement allowance, earn in a position or
positions in public service in any calendar year an amount not exceeding
the amount set forth in the table in subdivision two of this section
provided such retired person employed under this section duly executes
and files with the retirement system from which he or she is receiving a
retirement allowance a statement that he elects to have the provisions
of this section apply to him or her. A statement of election executed
and filed pursuant to this section may be withdrawn by a retired person
at any time by a statement similarly executed and filed. However, there
shall be no earning limitations under the provisions of this section on
or after the calendar year in which any retired person attains age
sixty-five. The retirement board of the New York state teachers'
retirement system is authorized to adopt rules and regulations which
would allow retired persons receiving a retirement allowance from such
system to make such statements of earnings from a position or positions
in public service as such board shall determine necessary to enforce the
provisions of this section in lieu of the foregoing statement of

2. The earning limitations for retired persons in positions of public
service under this section shall be in accordance with the following

For the year Earnings limitation

1996 $12,500

1997 $13,500

1998 $14,500

1999 $15,500

2000 $17,000

2001 $18,500

2002 $20,000

2003 $25,000

2004 $27,500

2005 and 2006 $27,500

2007 through 2019 $30,000

2020 and thereafter $35,000

3. Notwithstanding the provisions of subdivisions one and two of this
section, the commissioner of education may determine, pursuant to
section two hundred eleven of this article, that such earnings
limitations shall not apply to a retired police officer employed by a
school district as a school resource officer.