Working in Retirement

This page covers key rules about post-retirement employment, including the requirement for a bona fide termination of employment, when retirement earnings are limited (and when they are not), and how to avoid issues with the status of your pension.

Strict rules determine whether and how you may work in retirement while receiving a NYSTRS pension. Specifically, New York State Retirement and Social Security Law (RSSL), and in certain cases Internal Revenue Service rules, govern post-retirement employment for NYSTRS retirees. Failure to follow these rules may result in the loss, suspension or reduction of your NYSTRS benefit. 

Update Regarding Retiree Earnings Limit   

The earnings limit for retirees employed by public school districts or Boards of Cooperative Educational Services (BOCES) is suspended through June 30, 2027 (May 2025 legislation extended the date from 2025 to 2027). This earnings limit suspension does not apply to retirees who work for a community college, SUNY, charter school, or any other public employment not covered by this law. 

For full details, see "Temporary Suspensions of the Earnings Limit" later on this page.

Did You Have a Bona Fide Termination?

To begin collecting a New York state public pension, you must have a bona fide termination. This means:

• You must resign from all New York state public employment.
• You must be off the payroll.
• There can be no prearranged agreement to return to New York state public employment after retirement.

If there is no bona fide termination, your NYSTRS service retirement application will be voided. Any pension payments made in error due to an invalid retirement will be recovered by NYSTRS. While this has always been a longstanding requirement, compliance is receiving increased legal and administrative scrutiny.

For more information, consult Administrative Bulletin 2026-2.

When Earnings Are Not Limited

If you are a NYSTRS service retiree, you can have unlimited earnings in retirement without impacting your public pension under the following scenarios.

• All employment (including public employment) beginning in the calendar year you turn 65.
• Private-sector employment that does not provide services to a New York state public employer. (Private employment that includes services to a New York state public employer is considered public employment – those earnings must be reported to NYSTRS and earnings limits may apply.)
• Working for the federal government.
• Employment in another state.
• Working as an elected official, inspector of elections, poll or ballot clerk, commissioner of deeds, juror or notary public – provided you were elected or appointed to an elected position you did not hold prior to retirement.
• Working as a consultant for a New York state public employer only if your NYSTRS date of membership is prior to May 31, 1973 and the consultant agreement has been reviewed and approved by NYSTRS.
• Public employment for an employer that has received a waiver on your behalf from the appropriate governing body.

When Earnings Limits Apply 

If you are a service retiree under age 65, work for a New York state public employer, and do not meet any of the unlimited earnings criteria listed above, your retirement earnings may be subject to a limit. However, you can still work in New York state public employment and continue collecting your NYSTRS pension, provided you comply with the employment and earnings rules described below.

Your choices are to work under Section 212 or Section 211 of the Retirement and Social Security Law (RSSL), which govern New York state public employment by service retirees under age 65. Working under Section 211 requires your employer to obtain a waiver from the appropriate governing body.

The only exception permitted by RSSL: Elected officials may continue serving their current term; however, they are still restricted by all post-retirement earnings limitations outlined in Sections 212 and 211.

You may not be a member of any New York state public retirement system and receive service credit while receiving a New York state pension. 

In some instances, you may choose to suspend your NYSTRS retirement benefit, potentially earning more service credit toward retirement. 

Any questions related to Sections 211 and 212 of the RSSL should be directed to NYSTRS.

The sections below explain when post-retirement earnings are unlimited, when earnings limits apply, and the options available if you return to public employment. 

Section 212: Earnings With a Limit

Under RSSL Section 212, you may work in New York state public employment and earn up to a designated amount per calendar year. Since 2020, the earnings limit has been $35,000 per calendar year. If you do not anticipate exceeding the limit, you do not need prior approval under Section 212. Likewise, your NYSTRS retirement benefit will not be reduced as long as your employment earnings are within the established limits. 

If you do exceed the limit and continue working in New York state public employment, NYSTRS will suspend your pension for the remainder of the calendar year and you may be required to repay benefits earned beyond the limit.

Temporary Suspensions of the Earnings Limit

The earnings limit has been temporarily suspended during certain periods, including during the COVID-19 pandemic. Most recently, Chapter 55 of the Laws of 2025 extends the earnings cap suspension through June 30, 2027 for retirees who return to work at a public school district or BOCES. This extension does not apply to employment at a charter school, community college, SUNY, or other public employment not covered by this law. 

Previous temporary suspensions by New York State executive orders during the pandemic resulted in no earnings limit for pay earned:

• From March 27, 2020 through Dec. 31, 2020.
• From Jan. 1, 2021 through June 24, 2021. (The governor rescinded the executive order effective June 25, 2021; therefore, pay earned from June 25, 2021 through Sept. 26, 2021 counts toward the annual $35,000 earnings limit.)
• From Sept. 27, 2021 until June 22, 2023.

Section 211: Earning Over the Limit, Waiver Required 

If you expect to exceed the Section 212 earnings limit, you may be able to work under Section 211 if your employer obtains a waiver on your behalf before employment begins. The waiver must be requested by the employer and approved by the entity with jurisdiction over the position. Waivers are generally limited in duration and may include restrictions such as waiting periods or earnings caps tied to your final average salary.

Waivers are granted by the New York State Department of Education, Chancellor of the New York City Department of Education, Trustees of the City University of New York, a SUNY or community college president, and the New York State or New York City Civil Service Commission.

Voluntarily Suspending Your Benefit to Return to Work

If you wish to work in New York state public employment without a waiver and exceed the Section 212 limitation, you may request a voluntary suspension of your NYSTRS retirement benefit. You may earn additional service credit for working in New York state public employment while your pension is voluntarily suspended. Depending on your circumstances, you may later qualify for an additional benefit or a recalculation after earning additional service credit.

The rules and restrictions differ depending on: 

• Your age
• Your date of membership and tier 
• The type of retirement benefit you are receiving 
• Whether the employer you will be working for is considered New York state public employment

For more information, consult the Retired Members’ Handbook.

Remember to Report Your Earnings

If you are a service retiree under age 65 working in New York state public employment, you must report your earnings to NYSTRS – even if you work under a waiver or your public employer contracted with a private, third-party entity to hire you. We recommend reporting monthly. 

The preferred method is using the Earnings After Retirement feature in your MyNYSTRS account. If you don’t have an account, submit a Reporting Your New York State Public Employment Earnings (RMS-64.1) form as soon as you reach the limit. Even if you don’t reach the limit, all yearly public employment earnings must be reported no later than March 31 of the following calendar year.

If you work for a NYSTRS-participating employer, you must provide your NYSTRS EmplID to your employer. In addition to your own reporting, participating employers must report your earnings to us on a monthly basis.

Rules Differ for Disability Retirees

Different rules apply to disability retirees working in retirement. If you are receiving a disability retirement benefit and are considering returning to any type of paid employment, we urge you to contact the System first to determine eligibility for continued benefits.

Tier 3–6 members must be totally and permanently disabled from all employment to qualify for, and continue to receive, a disability retirement benefit. Employment of any type may jeopardize their disability pension. 

Tier 1 and 2 members may work in limited circumstances, subject to earnings limits. All disability retirees must report earnings annually and may be required to undergo medical review. Contact NYSTRS before accepting paid employment.

You must report your gross employment earnings (or confirm you are not gainfully employed) to NYSTRS annually using either the Disability Earnings After Retirement feature in MyNYSTRS or a paper Disability Retiree Statement of Earnings (DIS-153) form, which will be mailed to you each February.

Please be aware that a disability retiree may be required at any time to undergo a medical examination by a physician designated by the System. If the NYSTRS Medical Board determines that you are no longer disabled, your disability benefit will be discontinued and you will be restored to active membership.

Consultant and Third-Party Employment

Consultant arrangements and third-party employment can still be considered public employment. Consultant employment agreements must be reviewed and approved by NYSTRS before work begins. 

If you are hired through a private firm to provide services to a New York state public employer, earnings limits and reporting requirements may still apply.