Educator Resources

Submitting an Application for Employment of a Retiree

General Background

This information is designed to give guidance to school districts and/or BOCES organizations regarding the Interim employment of retired individuals under Commissioner’s Regulations 80-5.5. If the employment by the school district/BOCES will result in the retiree earning more (from all sources of public employment) than the limit under §212 of the Retirement and Social Security Law (currently $30,000) in the calendar year, the school district/BOCES would need approval under §211.

It is both the responsibility of the Chief School Officer and/or the District Superintendent and the individual requesting a 211 waiver that all proper information and application materials are filed with SED.

 

Helpful Suggestions

  • The 211 online waiver request must be submitted through the TEACH System prior to the employing entity placing the retiree on the payroll as per Commissioner’s Regulations 80-5.5. It is required that the waiver request be submitted in TEACH no later than 30 days after the initial employment date under the 211 waiver regulation.

  • The application for a 211 waiver is a two part request. The retiree must apply through TEACH and the District must submit a “Retirement Waiver Statement” through TEACH. Both parts must be received in order to review a request.

  • The district’s portion of the application has an attestation, which must be read and carefully adhered to by the district.

  • Please review the Frequently Asked Questions and Answers on the Waiver Process for Employment of a Retiree under §211 of the Retirement and Social Security Law for detailed information on the about this process. Any additional questions regarding the 211 waiver should be addressed to the local District Superintendent’s office for further clarification. It is highly recommended the School District take responsibility to make sure a waiver is in place and that the retiree is given regular updates of earnings in a calendar year (January-December) in no less than 30-day notifications.

  • Ultimately, it is the responsibility of the retiree to keep track of his/her total earnings in a fiscal year in that the retiree may have employment in more than one district or by more than one public employer. It is advised, however, to avoid situations where a retiree might earn over $30,000 total from several public employers and not have a waiver, that the district also track public employment earnings by the retiree. It is recommended that School Districts make an independent inquiry about other public employment income by the retiree in that calendar year and if there was income, the retiree (or previous employing districts) prove the amount to the new School District’s satisfaction, and that the School District retain a copy of both the inquiry and verification record.

 

The essential items required by the District in the application for employment of a retiree are:
  • Copy of the resolution of the Board of Education authorizing the appointment of the retiree by name.

  • Explanation of the cause for the vacant position.

  • List of specific steps taken to recruit certified non-retired persons for this position. All actions taken should be included in this list. This information must be provided whether the request is for an appointment after a full recruitment process or for an emergency interim appointment pending a full recruitment.

  • List of the newspapers and/or online resources in which the job advertisement was placed.

  • Specific reasons why there is a need for the services of this particular retired person and why the employment of this person is in the best educational interests of the district, BOCES or Vocational Education and Extension Board.

  • Specific reasons why the employment of this particular retired person is in the best educational interests of the district or board.

  • What results were received from the recruitment of an interim to fill the position temporarily, i.e., were any non-retired applicants received and if so, state briefly for each person, the reason why the person was not selected. Identify each person by some means other than his or her name. If no one responded, or only retirees responded, so state.

  • How the retiree was identified; e.g., the retiree responded to the recruitment efforts, the retiree was suggested to the district (state by whom), the retiree was already known to the district (state why), etc.

  • A detailed recruitment plan to replace the applicant, if approved, with a certified qualified non-retired person by the end of the interim employment period. The plan must include
    •  selection criteria, i.e., required qualifications and (if any) preferred qualifications for the permanent replacement
    • Specific newspapers, online resources, list serves, and/or other media where the advertisement will be placed
    • a time table
    If the position in question is encumbered by a non-retired individual, or expected to be eliminated, contact the Office of Teaching Initiatives for assistance in completing this requirement. For additional information on this requirement go to the Retiree FAQ.

  • A contingency plan for the expanded recruitment in the event an insufficient number of certified non-retired individuals apply based on initial recruitment efforts.

Retiree Application

  1. TEACH School District Retiree 211 Waiver Request User Guide (PDF)
  2. Click to submit the School District Retiree 211 Waiver Request online.
  3. Make sure that the retiree applies through the TEACH Online System.

 

Additional Questions      

  • Additional questions from School Leaders may be directed to the following:

    NYS Teachers Retirement System
    1-800-356-3128, ext. 6150
    www.nystrs.org

    NYS Education Department, Office of Teaching Initiatives
    (518) 474-4661
    211requests@mail.nysed.gov

  • Additional questions from Retirees may be directed to the:

    NYS Education Department, Office of Teaching Initiatives
    (518) 474-4661
    211requests@mail.nysed.gov


More Information

More information about working in retirement is provided by the New York State Teachers Retirement System at http://www.nystrs.org/main/library/hbretd_main.html#Earnings

Sections 211/212 of Retirement and Social Security Law are given in full on the web site of the New York State Assembly at http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS ; select RSS, then Article 7, then Section 211."

Teachers’ Retirement System Guidelines to identify reportable salaries and assist consultants, independent contractors, and casual employees (Form RMS-96 ) http://www.nystrs.org/main/employer/04.html

Last Updated: August 28, 2012