2006 New York Code - Employment Of Retired Persons Without Diminution Of Retirement Allowance.

 
    §  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  status  as  retired  and  without  suspension  or diminution of his
  retirement allowance subject to one of  the  following:  (a)  His  total
  compensation  in  such  position  or  postions  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  annual  retirement  allowance
  computed   without   optional   modification  plus  annual  supplemental
  retirement payments, if any, and (2) the salary on which his  retirement
  allowance is based or his final salary, whichever is greater; or (b) The
  position  in  which he 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  or
  board of higher 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 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),
    (1)   that  the  retired  person  is  duly  qualified,  competent  and
  physically fit for performance of the duties of the position in which he
  is to be employed;
    (2) that there is need for his services in such position;
    (3) if he 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)  that  his  employment  is in the best interests of the government
  service.
  Such approvals may be granted for periods not exceeding two years  each.
  The  authority  or  officer  specified  in paragraph (a), 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.