Covid-19

Update Regarding Retiree Earnings Limit During COVID-19 Crisis

retirees earnings limit

Normally, most NYSLRS retirees who return to work for a public employer face an earnings limit. Under Section 212 of the Retirement and Social Security Law, most NYSLRS retirees under age 65 who return to work for a public employer can earn up to $35,000 per calendar year without penalty. If a retiree exceeds the earnings limit and continues to work, their pension benefits are suspended for the remainder of the year.

The limit had been temporarily suspended by the Governor by executive order during the COVID-19 emergency. The executive order suspending the limit has been rescinded effective June 25, 2021.

  • Pay from a public employer earned from March 27, 2020 through December 31, 2020 will not count toward a retiree’s annual earnings limit.
  • Pay from a public employer earned January 1, 2021 through June 24, 2021 will not count toward a retiree’s annual earnings limit.
  • Pay from a public employer earned June 25, 2021 through December 31, 2021 will count toward the limit.

For more information about post-retirement employment, please read What If I Work After Retirement.

173 thoughts on “Update Regarding Retiree Earnings Limit During COVID-19 Crisis

  1. Patty Hopkins

    Just to clarify – in our August 4th paycheck, we will be getting our retroactive 2% raise that was due in 2020. The comments here indicate that pay earned before June 25, 2021, but not paid until after that date, will not count toward the annual earnings limit. So I’m assuming we don’t count any of the retroactive pay we receive in our next paycheck?

    Reply
    1. NYSLRS

      Retroactive payments for work done for a public employer before June 25, 2021 will not count toward a retiree’s calendar year 2021 earnings limit. Retroactive pay for work performed since June 25 will be counted toward the limit.

      If you are concerned about exceeding the limit, you may wish to contact your employer’s human resources (personnel) office.

      Reply
  2. David Krueger

    Regarding NYSLRS comments to email them via their online secure form, there really is no point to wasting ones time doing so. My experience has been that — they simply do not respond.

    Reply
    1. NYSLRS Post author

      We apologize for the trouble you had trying to reach our customer service representatives. Your message is important to us and we have sent you a private message in response.

      Reply
  3. Edward J. Barbiero

    So, if I understand this correctly, section 212 of the Retirement and Social Security Law, earnings limit clock re-sets to $0 on June 25, 2021 ? I have earned $30,000 gross, as of June 24th of this year, leaving me only $5000 as my total limit left to earn by Dec. 31,2021.

    Therefore on June 25th it zeros out and I can earn up to an additional $35,000 up to Dec. 31, 2021?

    How and when do I formally self report my earnings to the NYSLRS?

    Reply
    1. NYSLRS Post author

      Pay you earned from January 1, 2021 through June 24, 2021 will not count towards the $35,000 limit. Only pay from a public employer earned from June 25, 2021 through December 31, 2021 will be counted toward the limit.

      If you know you are going to earn more than the limit, contact us at least a month before you go over the limit. You can email us using the secure email form or you can fax a letter to 518-402-2498. Be sure to include the name of your employer, the approximate date that you expect to earn more than the limit and your daytime phone number.

      Reply
      1. barbiero19

        Thanks you very much! I will track my earnings and report back a month in advance is I am getting close to the $35,000.

        Reply
      2. Melissa Willey

        So all worked done before 6/25 is exempt. Does it matter that the worked performed before then but not paid until July, that salary would be exempt also?

        Reply
        1. NYSLRS Post author

          Pay earned before June 25, 2021, but not paid until after that date, will not count toward your annual earnings limit.

          Reply
        2. Melissa Willey

          What about a payment for lump sum annual leave accruals. If they are paid out after july 2021 is that amount included in the cap?
          Plus if I receive a lump sum back payment due to pef contract, is that to be included in the cap also? Trying to figure out how long I can work.

          Reply
          1. Melissa

            I came out if retirement to help with covid claims. I worked long enough after I came back to earn vacation time. So I need to know if I get a lump sum payment of my vacation time in august, will that go towards the salary cap?

          2. NYSLRS Post author

            The earnings cap applies to retirees who are working after retirement and receiving a pension. If you are no longer retired, the post-retirement earnings cap may not apply to you.

            For account-specific information, we suggest you email our customer service representatives using the secure email form on our website (http://www.emailNYSLRS.com). One of them will review your account and respond to your questions. Filling out the secure form allows them to safely contact you about your personal account information.

  4. Jeffrey Black

    As of today June 29 the Governor has not extended the suspension on earnings limits beyond July 5. In the past it seemed to have been extended in advance of the expiration date. does this mean that we are at the end of the suspension on earnings due to the pandemic?

    Reply
    1. NYSLRS

      The executive order suspending the earnings limit has been rescinded effective June 25, 2021. Pay from a public employer earned January 1, 2021 through June 24, 2021 will not count toward a retiree’s $35,000 annual earnings limit. Pay from a public employer earned June 25, 2021 through December 31, 2021 will count toward the limit.

      Reply
      1. John Parisella jr

        When a retiree reaches the $35,000 limit and benefits are suspended they should be entitled to service credit. How is it legal to take away both time and benefit pay? Also why is a retiree allowed to work for the private sector without limit but is restricted in the public sector? I get if you return to the same employer, but why if you switch to a different municipality?

        Reply
        1. NYSLRS

          Retirement rules, including the $35,000 earnings limit, are established by law. The decision on whether to enact new laws comes from the State Legislature and the Governor. You may wish to contact your representatives in the State Legislature.

          Reply
      2. Karen L Kennedy

        How can this be fair? I earned extra cash yesterday, 06/30/2021, due to the extension lasting until 07/05/2021 with the understanding I needed to notify the retirement board prior to reaching the max of $35K. Further investigation, from well hidden comments, indicated a retiree in this situation needed to inform the board 30 days prior to exceeding the max. For me, that wouldn’t have happened until late October so I had time to inform the board; now I’m screwed because of backtracking. This is absolutely unfair to those of us who kept ourselves informed and followed the guidelines.

        Reply
        1. NYSLRS Post author

          We apologize for the confusion. Because the Governor rescinded the executive order, the waiver of the earnings limit ended on June 24, 2021 instead of July 5, 2021. Pay you earned from January 1, 2021 through June 24, 2021 will not count towards the $35,000 limit. Only pay from a public employer earned June 25, 2021 through December 31, 2021 will be counted toward the limit.

          Reply
          1. Erin Newton

            I agree. We relied on this website to provide us with updated dates over the past year and a half. The GOVERNOR should at the very least make the end date 6.30.21 – the end of the 20-21 school year.

      3. Erin Newton

        What is bait and switch in politics?
        In lawmaking, “caption bills” that propose minor changes in law with simplistic titles (the bait) are introduced to the legislature with the ultimate objective of substantially changing the wording (the switch) at a later date in order to try to smooth the passage of a controversial or major amendment.

        Reply
    2. Erin Newton

      We relied on this website to provide us with updated dates over the past year and a half to gauge our work hours. The GOVERNOR should at the very least make the end date 6.30.21 – the end of the 20-21 school year. I printed the page extending it until July 5th. This is a bait & switch.

      Reply
  5. pshaver36

    As I have been earning more sick time working more hours during the covid pandemic, will my retirement health insurance payment be recalculated?

    Reply
    1. NYSLRS

      NYSLRS doesn’t administer health insurance programs for its retirees. For New York State retirees and some municipal retirees, the New York State Department of Civil Service administers the New York State Health Insurance Program (NYSHIP). Contact the Department of Civil Service or visit their website to learn more.

      If you retired from a public employer that did not participate in NYSHIP, your former employer’s benefits administrator should be able to answer your question.

      Reply
      1. Mr. Cee

        In answer to the above said question, your health insurance premium is calculated when you retire only. The more sick time accruals you have on the books the less your health insurance monthly premium will be. Ex. I had 1300 hours on the books when i retire and my monthly premium for NYSHIP is only $38.00 per month. Save as much sick time as possible not more than 1800 hours.

        Reply
        1. David Krueger

          I believe maximum S/L accruals are 1500 hours if you work a 7.5 hour day and 1600 hours if you work an 8 hour day.

          Perhaps 1800 was a typo?

          Reply
  6. John J. Whitehair

    Good day.
    I have a question regarding earning limits from a public employer for a post retirement individual.

    With the Covid 19-Governor’s suspension of the earning limits-I know that it is my responsibility to notify the NYS Retirement System at the end of the calendar year if I earn more than $35,000.00. Is there any NYSLRS forms required as part of this process?
    Thank you.

    Reply
    1. NYSLRS

      A form for reporting earnings is included in your retiree annual statement. You can also email us using the secure email form or you can fax a letter to 518-402-2498.

      If you know you are going to earn more than the $35,000 limit, contact us at least a month before you go over the limit. Be sure to include the name of your employer, the approximate date that you expect to earn more than the limit and your daytime phone number in case we have questions. If your earnings during the exemption period exceed the limit, your pension benefit will not be suspended.

      Reply
  7. Christopher Bracco

    Currently there are recruiting issues in many urban areas throughout the state. Is it possible to waive the earnings limit for officers returning to service with a different agency after retirement in jurisdictions with problems staffing their force?

    Reply
    1. NYSLRS Post author

      In certain cases, employers can receive a waiver that allows a retiree to earn more than the annual limit. You can find more information on our website.

      The decision on whether to pass new legislation affecting the earnings limit comes from the State Legislature and the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law. You may want to contact your local legislative representatives.

      Reply
  8. Joseph Bernardi

    Is it possible to stop receiving retirement payments and return to public employment or gave the payments suspended to return. This would be as a school administrator

    Reply
    1. NYSLRS Post author

      Yes, it is possible to suspend your NYSLRS pension payments to return to public employment. We strongly recommend you speak to a customer service representative to discuss the specifics of your situation before you suspend your pension and re-join a public retirement system.

      Please call our customer service representatives at 1-866-805-0990 (or 518-474-7736 in the Albany, NY area), press 2, then follow the prompts. You can also email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
  9. Rita Kelly

    I see in one of the questions that someone asked “Also, do we report the earnings over $35K or total earnings for 2020?” You answered : “Report your total earnings, before any deductions, for public employment during calendar year 2020.”

    My question, is how do you know which part of those earrings are exempt because they were earned during the moths that were not included in the limit (March-December 2020)?

    Reply
    1. NYSLRS Post author

      Retirees have the responsibility of reporting earnings when they earn more than the $35,000 calendar year limit. If you earned more than $35,000 in public employment in 2020, report your total earnings for the calendar year, including earnings from work performed from March 27, 2020, through December 31, 2020.

      We’ll contact your employer for details about your earnings and dates worked. Earnings from March 27 through December 31 won’t count toward the 2020 limit.

      Reply
        1. NYSLRS Post author

          You can report your total earnings using the form included in your most recent retiree annual statement. Please mail the completed form to NYSLRS, 110 State Street, Albany, NY 12244-0001.

          If you do not have a copy of the form, you should contact our customer service representatives at 1-866-805-0990 (or 518-474-7736 in the Albany, NY area), press 2, then follow the prompts. You can also email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

          Reply
    1. NYSLRS Post author

      Currently, earnings from work done for a public employer through March 16, 2021, will not count toward a NYSLRS retiree’s $35,000 annual earnings limit. If there are any future developments concerning the earnings limit, we will post that information on social media.

      Reply
        1. NYSLRS Post author

          If there are future developments concerning the earnings limit, we will update this blog post.

          Reply
    2. RR

      It looks to me like Executive Order 202-96 extended the earnings limit suspension until March 28, 2021. Please look into this. Thank you.

      Reply
    3. Jeff Ely

      I recently received my Retirement Statement and noticed the form to complete and return if you earned over $35,000. With the exemption of wages for the last 11 months, am I still required to complete and submit that form if I earned over the limit?

      Reply
      1. NYSLRS

        Retirees still have the responsibility of reporting earnings when you earn more than the $35,000 calendar year limit. Earnings from March 27, 2020 – December 31, 2020 won’t count toward the 2020 limit.

        Reply
      2. Erin Newton

        Is the form to report earnings just the 3 blanks fields to fill in of Annual Earnings, Name of Employer & Signature?

        Reply
          1. NYSLRS Post author

            Report your total earnings, before any deductions, for public employment during calendar year 2020.

  10. Jwm

    How are earning that count towards $35,000 limit calculated. Is it based upon when pay is earned or based upon pay date as would reflected on a W-2? Thank you.

    Reply
    1. NYSLRS Post author

      The limit includes all earnings for the calendar year, including money or retroactive payments earned in the calendar year but paid in a different calendar year.

      Reply
  11. Erin Newton

    Hello – How do we report earnings made during the Covid Exemption period effective 3.27.20 through 12.31.2020 (for 2020 Taxes)?

    Reply
    1. NYSLRS Post author

      The Governor’s executive order exempted retirees’ earnings from the $35,000 limit in Section 212 of the retirement law. We are not aware of any effect on State or federal tax laws.

      For questions about State taxes, please visit the New York State Department of Taxation and Finance website. For questions about federal taxes, you can visit the Internal Revenue Service (IRS) website. You may also wish to speak to an accountant or tax preparer.

      Reply
  12. Carlton Hudson

    I turn 65 this year on 11/05/2021, i returned back to work due to the special legislation the governor enacted. Since this will be the same year i turn 65, can i earn more than the $35000 without it suspending my pension. I know with social security they do not count the calendar year earnings if its over the $18,500 amount is it the same with the state?? Please advise

    Reply
    1. NYSLRS Post author

      Correct, there generally is no earnings limit starting in the year a retiree turns 65, but there are some exceptions.

      We suggest you contact our customer service representatives for information specific to your circumstances. You can email them using the secure contact form on our website.

      Reply
  13. Michael Cody

    I just seen on the top of this page that this was extend to January 29, 2021. I work back for DOT for the winter season to fill the need for plow drivers am I include in this. So any time I work from January 1 to the 29 will not count towards the 35,000 limit.

    Reply
    1. NYSLRS

      Earnings from work done for a public employer from January 1 through January 29, 2021, will not count toward a NYSLRS retiree’s $35,000 annual earnings limit.

      For information specific to your circumstances, please email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
    1. NYSLRS Post author

      At this time, we are not aware of any plan by the Governor or the Legislature to extend the waiver of the retiree earnings limit beyond January 1, 2021. If there are any future developments concerning the earnings limit, we will post that information on social media.

      Reply
    2. NYSLRS Post author

      Suspension of the post-retirement earnings limit of $35,000 a year for retirees in a public-sector job who are under the age of 65 has been extended to January 29, 2021.

      Reply
    1. NYSLRS Post author

      At this time, we are not aware of any plan by the Governor or the Legislature to extend the retiree earnings limit beyond January 1, 2021. If there are any future developments concerning the earnings limit, we will post that information on social media.

      Reply
      1. Scott E.

        Are there any updates regarding the Governor or the Legislature extending the Executive Order for retiree earnings beyond January 1, 2021 being that the deadline is 4 days away?

        Reply
        1. NYSLRS Post author

          At this time, we are not aware of any plan by the Governor or the Legislature to extend the waiver of the retiree earnings limit beyond January 1, 2021. If there are any future developments concerning the earnings limit, we will post that information on social media.

          Reply
  14. Robert Johnson

    I had returned to work part time to the health department prior to COVID-19. I am a public health sanitarian working for Nassau County Department of Health. I have been working on COVID-19 related work thru the pandemic and continue to do so. Will I qualify for the the March 27 thru December 3, 2020 exemption limit to my NYSR $35,000 earnings cap. Thank you.

    Reply
    1. NYSLRS Post author

      The suspension of the earnings cap applies to all Police and Fire Retirement System (PFRS) and Employees’ Retirees System (ERS) service retirees who are subject to the limit under Section 212 of the Retirement and Social Security Law (RSSL). It does not apply to disability retirees.

      If you have questions about how the suspension might affect your specific situation, please email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
  15. Kurt C. Siegel

    That’s all well and good, but now I’ve been laid off from the School District I work for, due to COVIS-19 job abolishment. No one can tell me if my NYS PFRS Pension will affect my unemployment benefits. I’ve tried Civil Service, Unemployment, and sitting on hold with the Retirement System, but I don’t have an answer.

    Reply
  16. Richard Wiesen

    I retired from public service in 2019. This year I worked as a consultant for a school district, and part time for Saratoga County. Since both are public employers, I know I would normally be subject to the earnings cap of $35,000. However,, I have been covering another person’s extended absence at the County and may exceed that cap as a result. How is NYSLRS going to be able to differentiate my earnings during the waiver period of March to October ? I don’t want to have my pension suspended or have to pay back any wages.

    Reply
    1. NYSLRS Post author

      It is your responsibility to notify us if you will earn more than the earnings limit. Pay from a public employer earned from March 27 through October 4, 2020 will not count toward the annual limit.

      If you know you are going to earn more than the limit, contact us at least a month before you go over the limit. You can email us using the secure email form (see link below), or you can fax a letter to 518-402-2498. Be sure to include the name of your employers, the approximate date that you expect to earn more than the limit and your daytime phone number in case we have questions.

      http://www.emailNYSLRS.com

      Reply
      1. Marcus Sikorski

        It is very confusing for a retiree like myself trying to calculate and stay below the 35,000 Dollar limit this year. I work at Roswell Park and they did not know about this exemption. I have seen responses that money earned from March 27 to November 3rd is excluded from the cap and even All of 2020 is cap free. Could you please clarify as under no circumstances do I want to exceed the 35,000 dollar cap limit. Thank You

        Reply
        1. NYSLRS Post author

          Under the Governor’s executive order, pay from a public employer earned from March 27 through November 3, 2020 will not count toward a retiree’s $35,000 annual earnings cap.

          Reply
          1. NYSLRS Post author

            That is correct. Pay from a public employer earned from March 27 through December 3, 2020, will not count toward a retiree’s $35,000 annual earnings cap.

        1. NYSLRS Post author

          If you are NYSLRS retiree, pay from a public employer earned from March 27 through December 3, 2020 will not be counted toward the annual earnings cap and will not affect your pension.

          Reply
      1. Mike

        According to my employer my earnings are reported when I am paid not when I worked. Will the state change what my employer reports?

        Reply
        1. NYSLRS Post author

          For specific questions about how your employer reports earnings, please contact our customer service representatives. You can call them at 866-805-0990 or email them using the secure email form on our website.

          Reply
  17. Michael Mynarski

    Under Section 212 of the Retirement and Social Security Law, most NYSLRS retirees under age 65 who return to work for a public employer can earn up to $35,000 per calendar year without penalty. Question. My 65th birthday will be in November of 2021. As per calendar year does this mean the starting in January of 2021 the limit will not apply for me if working in public employment? And not effect my nys pension? Thanks

    Reply
    1. NYSLRS Post author

      There is generally no restriction on your earnings beginning in the calendar year you turn 65. For most retirees, if you turn 65 at any time in 2021, you would not be subject to the Section 212 earnings limit in 2021 or thereafter.

      Some retirees may subject to earnings restrictions even after they turn 65 (for example, disability retirees and retirees who are returning to elected office). For information specific to your situation, please email our customer service representatives using the secure email form on our website.

      Reply
  18. Tom

    To confirm, members of the PFRS that are retired and have been receiving pay from a public employer earned from March 27 through October 4, 2020 will not have it count toward their annual earnings cap?

    Reply
    1. NYSLRS

      That is correct. The suspension of the earnings cap applies to all PFRS and ERS service retirees who are subject to the limit under Section 212 of the Retirement and Social Security Law (RSSL) (it does not apply to disability retirees).

      Reply
  19. Kevin Eaton

    I am a retired NYC Correction Captain have contacted NYCERS they know nothing about the Governors executive order. I work for a school district. I need to know if I can continue to work or will I have to stop so I don’t exceed the 35,000 cap.Nycers representitve say they would have to hear from Legal and then send info out. Not exactly what I wanted to hear!

    Reply
    1. NYSLRS Post author

      We are the New York State and Local Retirement System (NYSLRS), the retirement system for employees of New York State and municipalities outside New York City.

      For questions about the New York City Employees’ Retirement System (NYCERS), please call them at 347-643-3000.

      Reply
    1. NYSLRS Post author

      Yes, the waiver of the retiree earnings limit has been extended. Pay earned from March 27 through October 4, 2020 will not count toward the $35,000 cap.

      Reply
    1. NYSLRS Post author

      Yes, the waiver of the retiree earnings limit has been extended. Pay earned from March 27 through October 4, 2020 will not count toward the $35,000 cap.

      Reply
    1. NYSLRS Post author

      If you have a question about a communication that was sent to you by NYSLRS staff, please call our customer service representatives at 1-866-805-0990 (or 518-474-7736 in the Albany, NY area), press 2, then follow the prompts. You can also email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
  20. Gary Brown

    If we are going to exceed the cap do we have to notify anyone if so could you please tell me who? I have tried the number numerous times and can’t seem to get a response

    Reply
    1. NYSLRS Post author

      We’re apologize for the trouble you had reaching our customer service representatives. Your message is important to us and we have sent you a private message in response.

      Reply
    1. NYSLRS Post author

      If you are a NYSLRS retiree working for a public employer, you are subject to the earnings limit rules (including the temporary waiver) if you are being paid by that employer, even if you are not reporting to the employer’s work site.

      If you are an active NYSLRS members (not retired), you will continue to earn service credit as long as you being paid by your employer, even if you are not reporting to your usual work site.

      Reply
  21. KJ

    With schools due to open soon and many schools using a hybrid model, there seems to be a need for more teachers. Does the $35,000 limit still apply for educators?

    Reply
  22. LD

    New order last night, could you please check into this. Looks like extension is until 9/4.

    Thank you!

    No. 202.55

    E X E C U T I V E O R D E R

    Continuing Temporary Suspension and Modification of Laws

    Relating to the Disaster Emergency

    WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

    WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

    NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, and 202.40, as continued and contained in Executive Order 202.48, 202.49, and 202.50 for another thirty days through September 4, 2020, and I hereby suspend or modify for thirty days through September 4, 2020:

    Reply
    1. NYSLRS Post author

      On August 5, the Governor extended the suspension of the retiree earnings limit. Pay from a public employer earned from March 27 through September 4, 2020, will not count toward a retiree’s annual earnings cap.

      Reply
  23. CM

    Didn’t Executive Order 202.53 extend the provisions of Executive Order 202.11? If that is correct, wouldn’t the exempt period be until August 20?

    Reply
    1. NYSLRS Post author

      On August 5, the Governor extended the suspension of the retiree earnings limit. Pay from a public employer earned from March 27 through September 4, 2020, will not count toward a retiree’s annual earnings cap.

      Reply
  24. Linda

    Does the waiver of earnings only apply if you returned to work under Section 212 during the COVID crisis or does it apply to any retiree? For example if you returned prior to COVID and having been working for awhile, do you still get the benefit of the income suspension? Thanks.

    Reply
    1. NYSLRS Post author

      The executive order applies to retirees who are impacted by the Section 212 earnings limit.

      For specific information about whether the waiver applies to you, please email our customer service representatives using the secure email form on our website (http://www.emailNYSLRS.com). One of them will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.

      Reply
      1. Janice Heelein

        Per your message posted today, you have implied that not all retirees may be working under the income exemption- that we need to contact a representative for a ‘review ‘. This information is the opposite of the information provided at the beginning of this situation. As a retired employee, I would have stopped working a few months ago, but have continued because of my Agencies needs, now I have to worry about whether my pension has been compromised. Really disappointed in how you have communicated this information.

        Reply
        1. NYSLRS Post author

          We apologize for any confusion and we hope this information is helpful.

          Section 212 of the Retirement and Social Security Law does not apply to some retirees (such as recipients of disability retirement benefits). Because of these exceptions, we advise retirees to contact us before accepting public employment that might affect their benefits. Under Section 212, most NYSLRS retirees under age 65 who return to work for a public employer can earn up to $35,000 per calendar year without penalty. Under the Governor’s executive order, which has been extended, pay from a public employer earned from March 27 through September 4, 2020, will not count toward a retiree’s annual earnings cap.

          Reply
  25. LD

    It has been a few days, have you looked into this?

    202.53 extended until 8/20.

    Could this be anymore confusing.

    E X E C U T I V E O R D E R

    Continuing Temporary Suspension and Modification of Laws

    Relating to the Disaster Emergency

    No. 202.53

    E X E C U T I V E O R D E R

    Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

    WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

    WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

    NOW THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.22, through 202.26, and including 202.32, except for the provision authorizing the extension of payment of sales and use taxes without penalty by the Commissioner of Tax and Finance, 202.33, 202.34, and 202.35 as contained in Executive Order 202.44 and Executive Order 202.45 until August 20, 2020.

    IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through August 20, 2020:

    The directive contained in Executive Order 202.45, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13, 202.14, 202.28, 202.31, 202.34, 202.35 and 202.41

    Reply
  26. Tina Roeder

    I retired in March 1st and came back to work per diem on April 13th. My earnings for this calendar year are well over $35,000.00 due to the fact that I was earning a full time salary up to March 1st. Do these previous retirement earnings count toward the yearly post retirement salary cap? I know that the salary cap is waived at this moment but I need to know if I can work after the waiver is lifted.

    Reply
    1. NYSLRS Post author

      Only the money you earn from public employment after you retired is counted toward your earnings limit. Your pre-retirement salary would not be included.

      Reply
    1. NYSLRS Post author

      At this time, we are not aware of an extension of the executive order temporarily waiving the retiree earnings limit. If there are any future developments concerning the earnings cap, we will post that information on social media and on our website.

      Reply
    1. NYSLRS Post author

      Under the Governor’s executive order, pay from a public employer earned from March 27, 2020, through August 5, 2020, does not count toward the $35,000 earnings limit. So when you are calculating how much you earned for the year, don’t include money that you earned from March 27 through August 5.

      Reply
  27. L.D

    I may be figuring this wrong and maybe someone can help. These are just random numbers for simplicity. For example on 3/17 your earnings were $25,000 and on 8/4 your earnings are 55,000. So if you subtract those earning during that time frame you have $30,000 which is waivered. Do you add that waivered amount to the normal limit of $35k which would be $65K and that is when you stop your retirement pay. Or would you add it to your salary on 8 /4 which would be $55K and add your waivered amount which would end up being 85K. I’m thinking you add the waivered to the normal amount??

    Reply
    1. NYSLRS

      To calculate the applicable earnings, subtract any money earned during waiver period from your total annual earnings.

      For questions specific to your own circumstances, please email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
    1. NYSLRS Post author

      We are not aware of an extension of the executive order temporarily waiving the retiree earnings limit, which expired on July 6, 2020. If there are any future developments concerning the earnings cap, we will post that information on social media and on our website.

      Reply
        1. NYSLRS Post author

          The executive order temporarily waiving the retiree earnings limit has been extended. Pay from a public employer earned from March 27 through August 5, 2020, will not count toward a retiree’s annual earnings cap.

          Reply
      1. Lisa David

        Can you please review executive order 202.48, this looks like it extends the income waiver until August 6, 2020. Thank you

        Reply
        1. NYSLRS Post author

          The executive order temporarily waiving the retiree earnings limit has been extended. Pay from a public employer earned from March 27 through August 5, 2020, will not count toward a retiree’s annual earnings cap.

          Reply
    1. NYSLRS

      If you have questions about the New York City Employees’ Retirement System (NYCERS), you can call them at 347-643-3000.

      Reply
  28. Darrell King

    I am retired in 2020 from NYS OMH and applying for one of the contact tracer positions to help for the duration. Trying to find out if worming this temporary fulltime position is a valid option for me. Is this post saying it is?

    Reply
    1. NYSLRS Post author

      That depends on several factors, including your age, how much you will earn and whether you retired under a regular service retirement or a disability retirement.

      Most NYSLRS retirees can earn up to $35,000 per calendar year from public employment without a reduction in their pension. There generally is no earnings limit starting in the year a retiree turns 65.

      Under the Governor’s executive order, pay from a public employer earned from March 27 through July 6, 2020 will not count toward a retiree’s annual earnings cap.

      For more information about the earnings limit, please read our booklet What if I Work After Retirement? For account-specific questions about the earnings limit, please email our customer service representatives using the secure email form on our website. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
  29. Richard V Hojer

    I’ve been working in the system 22yrs why do we have to wait till 65 to retire if I already in the time..???

    Reply
    1. NYSLRS Post author

      If you’re referring to the age 65 milestone mentioned in this blog post, that’s referring to NYSLRS members who are already retired. Generally these retirees can choose to go back to work for a public employer, without affecting their pension, beginning at age 65.

      If you are asking what age NYSLRS members can retire, most vested NYSLRS members in regular retirement plans can retire as early as age 55, but they may face a pension reduction if they retire before full retirement age (which is 62 or 63, depending on tier).

      You can find more information about your retirement benefits in your retirement plan booklet. For account-specific information about your retirement benefits, please email our customer service representatives using the secure email form on our website. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
  30. Janice Heelein

    How does a person calculate what counts versus what is excluded toward the $35,000 limit? Do you count wages by the day you worked the hours or by when you are paid?

    Reply
  31. Lisa Davis

    Based on Gov. Cuomo executive order 202.35, he extended EO 202.34 which included executive order 202.11 through 6/28/20. EO 202.00 included the section 212 waiver. Is this an extension of the waiver of the retiree earnings limit? Thank you

    Reply
    1. NYSLRS Post author

      The waiver has been extended. Earnings from March 27 through July 6, 2020, will not count toward the limit.

      Reply
      1. Jim C.

        You note through July 7th here but at the top of the page show July 6th. Which is correct? Will wages earned through c.o.b. July 7 count towards the limit or not? Thank you.

        Reply
  32. Janice Heelein

    Can you advise on exactly how a person calculates their countable wages for the $35,000 limit? Is the value based on the day the person works, versus the day those wages are paid? I worked through December, but was paid those wages in January, do I include those wages in the 2020 total? Since March I am working much more than originally planned. For the wages worked related to the Covid-19 exempt time frame, are the dates of work where I show the funds as excluded as a day to day calculation? Thank you, I do not want to compromise my pension to continue my work for NYS.

    Reply
    1. NYSLRS Post author

      Under normal circumstances, the limit includes all earnings for the calendar year, including money or retroactive payments earned in the calendar year but paid in a different calendar year. Under the executive order, pay from a public employer earned from March 27 through July 6, 2020 will not count toward a retiree’s annual earnings cap.

      Reply
    1. NYSLRS

      We are not yet aware of an extension to the waiver of the retiree earnings limit, but if there is an extension, we will post the details on social media.

      Reply
  33. Ed Perucca

    I currently work as a school bus driver for a school district. My pay ends June 16 2020. Can I apply and collect unemployment and PUA while collecting my pension?

    Reply
  34. Patty Shaver

    The article reads March 27th thru June 6th 2020. Has this been changed from March 27th thru May 7th or is it a typo? Also, to verify, is it the retiree’s responsibility to contact NYSLRS to make them aware that they’ve exceeded or will exceed the $35,000 limit due to the suspension of the limit?

    Reply
    1. NYSLRS Post author

      The earnings limit waiver has been extended through June 6. It is a retiree’s responsibility to inform NYSLRS if they will exceed the earnings limit.

      Reply
      1. Gail

        Based on the response above, confirming the retiree needs to contact NYSLRS if they exceed $35,000 due to the inclusion of earnings during the Executive Order, or does the retiree need to only contact NYSLRS if they exceed $35,000, excluding the earnings from March 27 – June 6th.

        Reply
        1. NYSLRS

          Pay from a public employer, earned from March 27 through June 6, 2020, will not count toward a retiree’s annual earnings cap. If the retiree subtracts the money earned during the waiver period and the total still exceeds $35,000, they must report it to NYSLRS .

          Reply
  35. Anne Marie

    How is NYSLRS informed of the earnings of a retiree to ensure they are below the cap and how will NYSLRS differentiate the earnings during the COVID crisis?

    Reply
    1. NYSLRS Post author

      Pay from a public employer earned from March 27 through May 7, 2020 will not count toward the Section 212 earnings limit.

      It is the retiree’s responsibility to notify us if they earn more than the earnings limit. Retirees should contact us at least a month before they go over the limit. They can email us using the secure email form or fax a letter to 518-402-2498. They should include the name of the employer, the approximate date they expect to earn more than the limit and daytime phone number in case we have questions.

      Reply
  36. Ken

    I have two questions. First, Your stating that the Governor extended the earnings exclusion through May 7 however Executive order 202.14 extension doesn’t seem to mention the salary extension. Secondly, my employer filed for a section 211 exemption for me which will take some time to be processed I’ve been told that any salary exceedance beyond the $35,000 limit during the time period that the section 211 application is being considered may also be exempted. Is that true? Thank you.

    Reply
    1. NYSLRS

      The retiree earnings limit suspension was originally part of Executive Order 202.11, and it has been extended through May 7 by Executive Order 202.14. The earnings limit suspension applies to retirees who have returned to work under Section 212 of the Retirement and Social Security Law.

      The decision on whether to adopt benefit enhancements or pass new legislation comes from the State Legislature and the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law. You may want to contact your local legislative representatives.

      Reply
  37. Ray

    The earnings limit is obviously far to low to begin with. Hence, the need to raise a meager 5k. Why can’t there be a permanent escalation of 15k and elimination of any limitation during this pandemic which may last a good long while. There are clear indications of staff level deficiencies that came to light as result of the health crisis.

    Reply
    1. NYSLRS

      While current circumstances with the COVID-19 emergency have suspended the retiree earnings limit for a period of time, the decision on whether to adopt benefit enhancements or pass new legislation, such as a permanent increase to the retiree earnings limit, comes from the State Legislature and the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law.

      Reply
    2. Roger

      The limit was just increased and isn’t meant to be a full time salary. You do have the option to return to full time status from retirement if the Earning limit isn’t acceptable to your situation.

      Reply
  38. Erin Newton

    The earning dates in the article run from March 27th through April 26th. Will the period be extended since we are stil under the COVID 19 Crisis? If so, do you have the current dates?

    Reply
    1. NYSLRS

      The earnings limit suspension period has been extended to May 7, 2020. We updated the blog post with the new date. Please refer back to this blog post for future updates.

      Reply
    1. NYSLRS Post author

      Yes, hazard pay is considered regular earnings and could be used in calculating your pension when you retire.

      Reply
  39. Donna Cool

    I work for the court system and we are on mandatory shut down. I have been furloughed by my municipality during this pandemic and now collecting unemployment plus the $600. Will both of these payments qualify for the temporary suspension of my annual earnings limit? Thank you

    Reply
    1. NYSLRS Post author

      Generally, if you are being paid by your employer, you receive service credit. If you work less than full-time, your service is credited on a prorated basis.

      Reply
  40. Dennis Quinn

    Is this earnings limit suspended only for retirees in the health care field or does it apply to all public sector retirees?

    Reply
    1. NYSLRS Post author

      It doesn’t just apply to retirees in the health care field. The earnings limit is temporarily suspended during the period of the COVID-19 emergency for NYSLRS retirees who have returned to work under Section 212 of the Retirement and Social Security Law.

      Reply
    1. NYSLRS Post author

      Yes, the earnings limit applies to ERS and PFRS retirees who have returned to work under Section 212 of the Retirement and Social Security Law.

      Reply
      1. Russ Tobey

        Will NY state up the limit again next year. It would be a great help to many who need the extra to pay for health insurance and rising prices after covid

        Reply
        1. NYSLRS Post author

          At this time, we are not aware of any plan by the Governor or the Legislature to increase the retiree earnings limit. If there are any future developments concerning the earnings limit, we will post that information on social media and on our website.

          Reply

Leave a Reply