Can a retired police officer or fire fighter collecting a pension work for the City as a civilian employee?

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NYCTaxpayer

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Posted 7 years ago

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Official Response
Section 211 of the New York State Retirement and Social Security Law allows a person retired for other than physical disability to be employed by New York State or one of its political subdivisions if the agency wishing to employ the person obtains approval from the New York State Civil Service Commission or others empowered to grant such approval (this is commonly known as the "211 waiver"). In addition, if the prospective employer is New York City, except the Board of Education, the salary or compensation is limited to the difference between the yearly pension amount and the salary or compensation upon which the pension was based. Any earnings in excess of that amount are subtracted from subsequent pension payments. Section 212 of the New York State Retirement and Social Security Law permits employment by New York State or one of its political subdivisions without approval for non-disability retirees if the salary or compensation is less than an amount set by the legislature each year (amount is currently $30,000). Retired New York City employees may work for such agencies without suspension of benefits.

According to Section 1117 of the New York City Charter beginning from the point when retirees are eligible for service retirement, pension payments to such retirees are forfeited for any period where compensation from the State or City combined with pension payments exceed $1,800 a year. Once disability retirees reach what would have been their 20 year of service section 1117 applies. Disability retires are not eligible to receive a waiver.

For information regarding benefits administered by the New York City
Employees' Retirement System (NYCERS), please contact NYCERS' Call
Center at (347) 643-3000 or visit www.nycers.org.

For Uniformed Fire Pensions general information, call 718-999-2300; for Uniformed Fire Pensions investment information, call 718-999-1950.