- The Retirement and Social Security Law (RSSL) regulates how members of New York State and Local Retirement System can and cannot work post-retirement while still receiving benefits. The type of benefit you receive, where you're planning to work, when you joined, your age and your tier all affect your rights. If you violate RSSL, it can result in the termination of your benefits. However, the rules do not apply to your pension beneficiaries; they are free to work (or not work) as they choose.
- Prior to turning age 65, there is a cap on the amount of earnings that you may earn while still collecting pension payments and working for the New York public. However, according to Section 212, on January 1 of the calendar year that you turn 65, that cap is eliminated and there's no dollar limit on public sector earnings. There is an exception; if you retired and went on disability, you are not permitted to reenter the workforce and are not eligible for employment under Section 212.
- As a member of the state retirement plan, Section 212 affects your return to New York public employment. How much you can collect in benefits while you're working depends on your age and how much you'll be earning after you return to work. Section 212 states that while the earnings limit is $30,000, an employer may request approval to hire you over that limit based on the criteria under Section 211.
- If you are called by the state or local government to return to work to replace an employee who was called to active military duty and the job is essential to public health and safety, Section 212 states that there is no limit on your earnings. To qualify, your employer must certify that you are fit for the position, that your job skills are needed and that your return to the public workforce is in the public's best interest.
RSSL: Retirement and Social Security Law
Section 212: Age Matters and New York Employment
What Public Employment Means in New York
Military Leave
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