Implements procedural requirements for hiring of retired persons for public service positions

2 Co-sponsors

• William J. Larkin Jr.
• Dale M. Volker

Title of bill

An act to amend the retirement and social security law, in relation to the procedure for hiring of retired persons for public service positions

Purpose or general idea of bill

Strengthens procedural requirements for hiring public retirees for public service positions, with no suspension or diminution of their pension benefit.

Summary of specific provisions

Section 1 of the bill amends §211 of the Retirement & Social Security Law requiring approval for what is commonly referred to as a "211 waiver" from the head of the retirement system from which the person retired. In addition, requires employers to demonstrate a good faith effort to recruit a qualified candidate who is not a retired person. Also, requires employers to issue a public announcement of the position at least thirty days prior to filing a written request for a 211 waiver and advertise the position in a sufficient manner during those thirty days.

Section 2 contains the effective date.

Justification

Retired public employees receiving a state retirement system benefit, who wish to return to state employment and receive unlimited earnings without experiencing a diminution of their pension benefit, must obtain what is called a waiver pursuant to Section 211 of the New York State Retirement and Social Security Law. Without a 211 waiver a retiree returning to public employment can only earn up to $30,000 per year, or face a suspension or reduction in their retirement benefit. Despite procedural standards currently in place to limit 211 waivers, there is concern over "double dipping." An outright ban of 211 waivers is not feasible because in some localities there may not be an available candidate with the skills necessary to fulfill a critical government position. Therefore, this legislation would establish stricter standards for approval of 211 waivers.

Prior legislative history

2008: Passed Senate/Assembly Governmental Employees Committee

Fiscal implications

Minimal, see fiscal note appended to bill.

Effective date

This act shall take effect immediately.