|Serving New York Educators Since 1921|
Service retirees can have unlimited earnings in the following cases: a) in private employment; b) in federal employment; c) in public employment outside New York State; d) as an elected official, inspector of elections, poll or ballot clerk, commissioner of deeds, juror or notary public; or, e) in all employment (including NYS public employment) beginning in the calendar year they turn age 65.
Sections 211 and 212 of the Retirement and Social Security Law govern NYS public employment by service retirees under age 65. The Section 212 earnings limit, determined by the State Legislature, is currently $30,000.
If you expect to earn more than the limit in calendar year 2013, you may a) suspend your retirement benefit, or b) work under Section 211 if your employer receives approval from the state entity with jurisdiction over your employment. (Under Section 211, the New York State Department of Education generally will not approve your returning to work for your former school district until one year from your date of retirement. This restriction does not exist under Section 212.)
Section 211 earnings are limited if you work for an employer you received pay from in the two years prior to retirement and those salaries were used in your final average salary (FAS). In that case, your earnings during a calendar year are limited to the difference between your FAS (or, if greater, the salary you would now be receiving had you continued in service) and your maximum retirement benefit.
If you work for a NYSTRS participating employer (including New York State public school districts, qualifying charter schools, the state Education Department, SUNY or state community colleges) you must provide your NYSTRS EmplID to your employer. Your annual earnings will be automatically reported to us.
If you work as a consultant (either independently or through a third-party employer) and you joined NYSTRS on or after May 31, 1973 or if you work for any other New York State or New York City public employer, you must report your earnings to us on an annual basis. A form to report your earnings for the previous calendar year is provided in the winter edition of the retiree newsletter, Resource.