Thinking about returning to work after retiring from public service in New York state? If you want to return to public employment in New York state and are a service retiree under age 65, your post-retirement earnings may be limited.

Under Section 212 of the Retirement & Social Security Law, you can earn up to the annual amount set by law. The limit for 2008 is $30,000. However, the state Legislature may periodically adjust this amount.

If your calendar-year earnings will be more than $30,000, your prospective employer can request approval, generally from the Civil Service Commission, to hire you under Section 211. These approvals, known as 211 waivers, are given for a fixed period of time, typically up to two years, and receiving one is critical to avoiding reduction or suspension of your pension when you return to work.

Because a recent investigation found that some public employees were retiring and then immediately returning to positions with essentially the same functions, Section 211 was amended in October by Chapter 640 of the Laws of 2008.

Q: How does Chapter 640 change the Section 211 process?

A: Chapter 640 bars retirees from returning to work under Section 211 in the same or similar position for a period of one year following retirement. It also requires participating employers to prepare a detailed recruitment plan and show either that there is an urgent need, as the result of an unplanned, unpredictable and unexpected vacancy, where sufficient time is not available to recruit, or that the employer has undertaken extensive recruitment efforts and did not find any available qualified nonretired persons. The hiring must also be deemed to be temporary, rather than a final filling of the position.

Q: Why has New York State made it tougher to return to public employment under Section 211?

A: The new law preserves the integrity of the retirement system and protects taxpayers' dollars by reducing the possibility of individuals receiving a pension and a salary from the state, and by clarifying the requirements public employers must meet before they can hire New York state retirees.

Q: I'm already working under a 211 waiver. Does the new law apply to me?

A: No. The amendments to Section 211 do not apply to individuals for whom waivers were already granted.

Q: What happens if I return to work for a private employer? Do I still need the retirement system's approval?

A: No. If you work for a private employer, are self-employed, work for another state or its political subdivisions or work for the federal government, unless you are a disability retiree, you don't need our approval, and your earnings can be limitless.

Q: How can I get more information?

A: To learn more about working after retirement, go to www.osc.state.ny.us/retire/members/working_after_retirement.htm, or contact our Call Center toll-free at 866-805-0990, or 518-474-7736 in the Capital District area.