Educator Resources

Section 211 Waivers for Employing Retirees

NOTICE: The following information impacts Section 211 waivers for employment through June 30, 2024.

The New York State legislature has passed an extension to the 2022 amendment to section 211 of the Retirement & Social Security law which extends the suspension of the earnings limitation for retirees through June 30, 2024. This amendment allows retirees to be employed and earn compensation in a position at a New York State public school district or BOCES without any effect on their retired status, and their earnings from such positions will not be applied to their earnings when calculating the earnings limitation through June 30, 2024. Employment at a charter school, community college, SUNY, or any other public employment is not covered by this amendment.

Prior to this amendment, the earnings limit had been temporarily suspended by New York State Executive Orders during the COVID-19 pandemic, which resulted in no earnings limitation for pay earned during the following periods:

  • March 27, 2020 through December 31, 2020
  • January 1, 2021 through June 24, 2021
  • September 27, 2021 through April 30, 2022

Since the earnings limitation has been extended through June 23, 2024, the Office of Teaching Initiatives (OTI) will not be processing section 211 waiver applications that include employment in a school district or BOCES during the effective dates of the Executive Orders or the timeframe covered by the original amendment and the extension to section 211 through June 30, 2024.

Please note that the Office of Teaching Initiatives does not handle specific questions regarding a retiree’s earnings or earning limitations. Those questions should be directed to the retirement system of which the retiree is a member.

Questions regarding this amendment and section 211 waiver applications can be submitted to

Additional information can be found on the NYS Teachers Retirement System website and New York Retirement News blog.

A section 211 waiver is required when any New York State school district (other than the city school district of the City of New York), Board of Cooperative Educational Services (BOCES) or any county Vocational Education and Extension Board (VEEB), seeks to hire an individual who has retired from public service to fill a temporary vacancy in the unclassified service.

The waiver process is necessary if the retired individual 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 set at $35,000.  Retired individuals 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 therefore do not need a waiver.

When seeking a section 211 waiver for any position, the District, BOCES or VEEB requesting the waiver must follow the requirements as set forth in the Regulations of the Commissioner 80-5.5.  Retirees are subject to any restrictions and limitations put in place by the retirement system they are a member of.  Retirees should contact the retirement system they are a member of to familiarize themselves with these restrictions and limitations.

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, from the date they retired.

211 waivers must be requested within 30 days from the appointment of the retiree.  All supporting documentation must be submitted to the New York State Education Department (NYSED) Office of Teaching Initiatives in a timely manner.  Prompt application and active follow-through are essential.

School Resource Officer Positions

Before a 211 waiver request is submitted for a School Resource Officer (SRO) position, determine the following:

    • Determine if the position is that of a SRO or a security officer.  If the job duties of the position in question are involved with security only and they do not present information to students, then they would not be that of a SRO.
  • Consider the following SRO Duty Statement:
      • The SRO is an educator, law enforcer and counselor.
      • The SRO’s primary duties are to protect the school’s safe environment and to maintain an atmosphere where students, staff feel safe to learn.
      • The SRO may assist in the investigation of criminal activity occurring on school campuses with school administrators in accordance with New York State Law and school district policy.
      • As an educator working with faculty members, the SRO can present information and answer questions on a variety of topics, including the law, drugs, safety, crime prevention, violence prevention, concepts of safety, traffic laws, general law, and crime prevention techniques.
    • Security officers
      • Security officers do not perform the duties of an educator.

NYSED Commissioner's Regulations 80-5.5  Employment of retired public employees


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

For detailed information click on the information found below.


Information for
School Districts, BOCES and VEEBs
Information for



Last Updated: May 16, 2023