Educator Resources

SECTION 211 WAIVER: Information for Retirees


BEFORE REQUESTING A SECTION 211 WAIVER NOTE:

211 waivers are meant for the temporary filling of a vacancy. 
They are not granted on a long-term basis.

Timeframe for Submission: The waiver application must be submitted within 30 days from the appointment.  Submit supporting documentation to the NYSED Office of Teaching Initiatives in a timely manner.  Prompt application and active follow-through are essential.
   
Restrictions: The retirement system you are a member of may have additional restrictions and limitations which may result in unexpected consequences to your retirement benefits, should you return to work in retirement. Retirees should contact their retirement system to familiarize themselves with any restrictions and limitations before they accept an appointment.

Retirees are restricted from returning to work in a position that is the “same or similar” to the position they retired from for a period of one year.

  • If the retiree has been retired for one year or less, NYSED will require submission of detailed job descriptions and will compare the duties and responsibilities of the two positions.
  • The titles of the two positions alone will not necessarily be determinative.

Approval is necessary only for those retirees who will both be under the age of 65 throughout the calendar year of employment and will earn more than the stated maximum allowable amount for the year (currently $35,000). Retirees who are 65 years of age or older are not subject to the restrictions as set forth in the Retirement and Social Security Law and will not need a waiver.

Section 211 waivers are District and title specific.  Waivers are granted to fill a specific position in a specific district as requested in the waiver application.
   
Certification: Retirees must hold the appropriate teaching or administrative certificate for the position they are seeking employment in under the section 211 waiver.
   
Fingerprint Clearance: Fingerprint clearance is a requirement for the approval of a section 211 waiver.  If you obtained your certification prior to the time when fingerprinting becoming a requirement and you do not have fingerprint clearance on file with NYSED, you will be required to have your fingerprints cleared to obtain a waiver.  Additional information and instruction on the fingerprint clearance process go to  http://www.highered.nysed.gov/tsei/ospra/ .
   
Supporting Documentation: It is the District’s, BOCES’ or VEEB’s responsibility to provide all the necessary documentation to process the waiver request.  NYSED may reach out to you for any additional information deemed necessary to process your application for a waiver. It is important to make sure that your TEACH account has been updated with your current name, mailing and e-mail addresses.
   
Determinations: Approval of a section 211 waiver is not guaranteed and NYSED may deny an application for a section 211 waiver in certain circumstances:
  • The retiree retired less than one year prior to the start date of the section 211 waiver request and the waiver request was for a same or similar position.
  • The requirements for requesting a section 211 waiver as outlined in the Regulations of the Commissioner 80-5.5 were not followed.
  • The circumstance surrounding a retiree’s appointment are not in line with the criteria as set forth in the Regulations of the Commissioner 80-5.5.
Last Updated: January 3, 2020