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. 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. If a retiree exceeds the earnings limit and continues to work, their pension benefits are suspended for the remainder of the year.
However, executive orders and legislation have temporarily suspended the earnings limit for retirees who returned to work.
Earnings Limit Suspended through June 30, 2024 for School Districts and BOCES
Recent legislation has again suspended the earnings limit for retirees employed by school districts and Boards of Cooperative Educational Services (BOCES). Under this legislation, post-retirement earnings with a school district or BOCES will not count toward a retiree’s annual earnings limit through June 30, 2024.
This extension does not apply to universities, colleges or charter schools.
Earnings Limit Suspended through June 8, 2023 for Other Public Employers
The Governor has issued an executive order temporarily suspending the retiree earnings limit. Under the executive order, post-retirement earnings with a public employer will not count toward the annual calendar-year earnings limit during the following time periods:
- January 1, 2023 through June 8, 2023.
- January 1, 2022 through December 31, 2022.
- January 1, 2021 through June 24, 2021, and September 27, 2021 through December 31, 2021.
- March 27, 2020 through December 31, 2020.
If the order is extended beyond June 8, 2023 we will update this blog post. For general information about post-retirement employment, please read What If I Work After Retirement.
aside from the current situation ,the only way to go over the 35,000 limit is via waiver requested by the employer not the employee. is this correct?
If you return to work for a public employer and will earn more than the annual Section 212 limit ($35,000), you may be able to work under Section 211 without affecting your pension. Your employer must receive approval (known as a Section 211 waiver) before hiring you. To receive a waiver, your prospective employer must request and receive approval to hire you from the appropriate agency. You must also wait one year after retiring before returning to work in the same or similar position under a Section 211 waiver. If you earn more than the Section 212 limit in a calendar year and do not have a Section 211 waiver, your benefit will be suspended for the rest of that calendar year.
There generally is no earnings limit starting in the year a retiree turns 65 or if they work for a private employer or for a public employer in another state.
For more information about working after retirement, please read our What If I Work After Retirement? publication.
Hey, NYS, newsflash,……no one can stay in NY and live on $35,000.00, even with the pension. This income limit rule is absurd!
With the earnings limit suspended through June 8 2023, can I continue to work the rest of 2023 without it affecting my pension as long as I don’t exceed $35000.00
Yes, if the earnings limit resumes on June 9, 2023, you may continue to work through the end of 2023 without it affecting your pension if your earnings don’t exceed $35,000.
If the earning limits are suspended, do the earnings earned during the suspension not count towards the yearly limit? Or do they count?
During the earnings limit suspension, pay earned from a public employer does not count toward a retiree’s yearly earnings limit.
Any possibilty the suspension can occur again in 2023 and will it happen again in 2024?
Under legislation signed over this past weekend, post-retirement earnings with a school district or BOCES will not count toward a retiree’s annual earnings limit through June 30, 2024.
The decision on whether to suspend the earnings limit comes from the State Legislature and/or the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law.
If there is any change to the earnings limit for retirees who return to work for a public employer, we will update this post.
Why isn’t the rest of the public employee retiree sector not getting the same offering? It’s a month by month extension and now 2 weeks. Municipalities are also in the same search for qualified employees
Does the newly passed 2023 NYS Budget include a provision to increase the post-retirement earnings limit for retirees in a public sector job (under age 65) from $35,000 to $50,000?
We are not aware of any law to increase the earnings limit to $50,000 at this time. 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. If there is any change to the earnings limit for retirees who return to work for a public employer, we will update this post.
Why the need to limit the earnings at all? Why the difference between public and private?
The decision on whether to adopt benefit enhancements or limitations comes from the State Legislature and the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law.
From NYSTRS website:
Newly enacted legislation, Chapter 55 of the Laws of 2023, extends the retirement earnings cap suspension through June 30, 2024. The new law only applies to retirees who return to work at a public school district or BOCES. Employment at a charter school, community college, SUNY, or any other public employment is not covered by this law.
Yes, under legislation signed over this past weekend, post-retirement earnings with a school district or BOCES will not count toward a retiree’s annual earnings limit through June 30, 2024. We have updated the post to reflect this.
What about 4201 schools? We’re a group of specific schools educating students with Deafness, Blindness and physicality challenged We’re not a district and we’re not BOCES, but we function in many of the same ways.
For questions about a specific employer, please message our customer service representatives using our secure contact form. Filling out the secure form allows them to safely contact you about your personal account information.
If they can do this for school districts 2 years in a row, why can’t they do the same for other public employees? Why are the rest of NYS agencies and public servants left to deal with this on a month by month basis for the same thing? Just trying to understand the logic/reasoning.
The decision on whether to suspend the earnings limit comes from the State Legislature and/or the Governor. The retirement system (NYSLRS) administers legislation and programs that are signed into law. If there is any change to the earnings limit for retirees who return to work for a public employer, we will update this post.
Should be for ALL RETIRED PUBLIC EMPLOYEES not just school. Many municipalities struggle to find trained and certified employees to this date. Extend it to 2024 for all
If I have worked full time for a County government and decide to retire with 35 years at age 55 with a full pension, and decide to continue working part time for two municipalities, and my income from those two jobs exceed the $35,000 limit, do I understand correctly that I may do that as long as the income limit continues to be suspended by the Governor. So If I take the jobs at the municipalities and the Governor does not renew the suspension, will I be forced to quit one job, or take a pay reduction the month the Governor does not renew the suspension. Renewing it monthly make it very hard to plan if working after retirement is part of my retirement plan.
If the Governor’s executive order suspending the post-retirement earnings limit of $35,000 a year for retirees in public sector jobs expires without being renewed, your earnings from public employers in New York State would again be subject to the limits under Section 212 of the Retirement and Social Security Law.
Your earnings are generally unlimited beginning in the calendar year you turn 65. If you are under the age of 65 and you earn more than the Section 212 limit during a calendar year, your pension will be suspended and you will need to pay back NYSLRS for the pension payments you received after the date you reached the limit. If you continue to work, your pension payments will stop for the rest of that calendar year and resume the following January.
For account-specific information about post-retirement employment, please message our customer service representatives using our secure contact form. Filling out the secure form allows them to safely contact you about your personal account information.
I read that if the order is not extended your earnings from January until May 22 are not going towards the $35,000 earnings cap. Your new $35,000 earnings will start May 23. Always check with your former employer regarding this as well.
That is correct. While the executive order is in effect, post-retirement earnings with a public employer will not count toward the annual calendar-year earnings limit. If the order expires, earnings going forward would once again be subject to the limits under Section 212 of the Retirement and Social Security Law.
I just want to double-check, is the executive order from Jan 1st – May 22nd, or as the top of the article stated the executive order is fr4om Jan 1st – June 30th? Thank you in advance
Under the Governor’s order, pay earned from January 1, 2023, through May 22, 2023, will not count toward the post-retirement earnings limit for retirees. If you work for a school district or BOCES, separate legislation has suspended your earnings limit through June 30, 2023.
Does anyone know what the executive order is that the governor keeps extending that suspends the earnings cap (for other than schools)? I keep seeing it referenced but cannot find the actual executive order number or a copy of the order itself? Thanks,
You can find the most recent executive order that extends the temporary suspension of the earnings limit for retirees who return to work on the Governor’s website.
If the order is extended beyond May 22, 2023, we will update this blog post.
Can you please just answer what number? I am not seeing the EO.
Certainly. The most recent is Executive Order No. 4.20.
Its NY Executive Order 4. Latest extension is NY Executive Order 4.19.
I understand that Section 212 earnings limit no longer applies after age 65. However, I am unclear whether a Section 211 waiver is needed in order to be employed after age 65. If compensation/earning is no longer a factor after age 65, then what, if any, 211 restrictions have to waived by the employer to hire a retiree?
Can anyone point to the Governor’s Executive Order carrying over these month to month suspensions of the income limit? I see paragraph 9 of section 211 applies to schools but couldn’t find anything about general municipal employees?
You can find the most recent executive order that extends the temporary suspension of the earnings limit for retirees who return to work on the Governor’s website.
If the order is extended beyond May 22, 2023, we will update this blog post.
I understand that the earnings limit under Section 212 no longer applies for a service retires after age 65. But I am still unsure whether an employer would still need to file for a Section 211 Waiver for you to be employed after age 65.
It would seem from a compensation/earnings perspective that 211 would not be needed-but what else does 211 restrict if you employed beyond age 65?
If the Section 212 limit does not apply to you because of your circumstances (over age 65 and not retired under a disability retirement, etc.) then you would not need a Section 211 waiver to work for a public employer.
For account-specific information about how this may apply in your situation, please message our customer service representative using the secure contact form on our website.
If I received disability 207A from City of Buffalo in 2005 and I’m 73 can I work at all?
As a disability retiree, your earnings may be limited whether you work for a public or private employer.
For general information about post-retirement employment, including information for retirees how are receiving disability retirement benefits, please read What If I Work After Retirement.
If you have account-specific questions, please message us using our secure contact form. Filling out the secure form allows NYSLRS to safely contact you about your personal account information.
Does the Governor plan on extending the suspension of the earnings limit for retirees for the 2023-2024 school year?
If the Legislature passes legislation extending the suspension of the earnings limit for retirees employed by school districts and BOCES beyond 6/30/23, and the Governor signs that legislation into law, we will update the information on this blog post.
Is there legislation on this matter currently in process?
We’re not aware of any pending legislation regarding retiree earnings. If the Legislature passes legislation extending the suspension of the earnings limit, and the Governor signs that legislation into law, we will update the information on this blog post.
Dear NYSLRS:
I realize that NYSLRS retirees under age 65 who return to work for a public employer can earn up to $35,000 per calendar year without penalty (assuming after the earning limitations suspension have ended)
If I retire from a public school district (Tier 4), and work as a ‘consultant’ for the same school district, would the $35,000 limit apply?
If you joined NYSLRS on or after May 31, 1973, your earnings with a public employer will be regulated by Section 211 or Section 212 (of the Retirement and Social Security Law), even if you work as an independent contractor or consultant. Read our Life Changes: What If I Work After Retirement? publication for more information.
If you still have questions or concerns, please message our customer service representatives using our secure contact form. Filling out the secure form allows them to safely contact you about your personal account information.
I receive a NYSLRS pension. I am not yet 65 yo. I earned $35,000 at a town part time job in 2022. I earned a few hundred dollars per diem at another town. Given that 2022 earnings are excluded from the $35,000 maximum must I still report my total earnings?
Although the retiree earnings limit was suspended throughout 2022 by executive order, retirees are still responsible for reporting their earnings over the limit as they would under normal circumstances. However, your pension will not be suspended if you earned more than $35,000 from public employment last year.
A form for reporting earnings will be included in your retiree annual statement, which retirees should receive by early March. You can also message us using the secure contact form.
Does contributions into a 403b or 457 plan count toward the 35k? Example: Can you make 40k but contribute 5k into a 403b plan?
The $35,000 earnings limit is based on gross earnings, before any deductions for taxes or contributions to retirement savings plans such as a 403(b) or a 457(b) plan.
If a former state employee who is collecting a NYS retirement receives per diem part time work from a county for the purposes of representing indigent criminal defendants, do these payments add to the $35,000.00 threshold?
Additionally, if a former NYS employee is retired and collecting a NYS pension, is elected to a local town court position, does the $35,000.00 cap apply, or is that cap only for appointed positions?
Generally, pay from part-time work would add to your earnings limit. If you are elected or appointed to an elected position that you did not hold before you retired, your earnings are unlimited and will not affect your pension.
For general information about post-retirement employment, please read What If I Work After Retirement.
For account-specific answers to your questions, please message our customer service representatives using our secure contact form. Filling out the secure form allows them to safely contact you about your personal account information.
Hello All, I’d like to add something here, I’m very intrigued on this earnings limit. First, the limit was waived through June 2023 for all employees working in a NYS public school or BOCES. I’ve read about this both high and low and it appears this was done strictly for educators to return back into the schools to work post retirement and to mainly assist during Covid. After all we really did need them big time so I’m grateful for them. So as for the retired cops working in these schools, if this limit is further waived I anticipate it’ll be geared towards educators once again but you may very well be under that “ employed by public schools or boces” umbrella. Therefore you’d be covered for the time being, but I do anticipate at some point it goes back to the earnings limit.
Why do people retire from a public employer job that has a pension and then go back to work for a public employer? Why did they retire in the first place? They should not be allowed to steal another persons job within the public sector. Let someone else get a job and collect a pension. The fact the state gives out waivers for individuals collecting pensions in ludicrous. Get a job in the private sector if they need money or feel they are that important. Sad individuals
Well Dan, to be perfectly honest the NYS public workforce is short staffed in most categories because todays workforce in the simplest of terms doesn’t want to work. So many employers are turning to former employees for stop gaps. As far as waivers it is used less and less. But they may be the most qualified for the job and may still be quite young upon retirement.
What you don’t know or understand is that the state/city/town are not always replacing people that retire, but they are willing to have them come back as part time employees where they don’t have to cover things such as benefits. So it actually saves the municipality lots of money. I promise you that no one is stealing anyone’s job.
You do remember there was a pandemic and nurses were begged to come back. You sound very angry sorry
Hi. I am retired and have gone back to work with in a school district. But not as a full time employee. No benefits so no taking pension jobs from nobody. Only as a sub. Many people retire for many reasons. So please don’t jump the gun.
Dan your view is very narrow. Public Employers are having a hard time finding individuals willing to work and are qualified for said jobs. The waiver allows the employer to hire a qualified employee typically without the cost of other benefits including paying into the pension system for said hire. The waived employee isn’t allowed to get back into the pension system again. It’s not stealing when no qualified potential employees are applying. Like I said your view is narrow.
Some are asked to come back to help in the pandemic, as I was. I had the knowledge they were looking for without having to train someone. The systems are very complicated and takes years to learn.
They may retire from a job due to moving out of state and then get another job that has a pension available.
Plain and simple Dan. Did you see the price of eggs lately.
What is the Executive Order number that extended the cap to January 22, 2023 for other public employees?
Executive Order 4.16 extended the suspension of the post-retirement earnings limit to January 22, 2023.
Executive Order 4.17 extended the suspension of the post-retirement earnings limit to February 21, 2023.
Earnings from a public employer from January 1, 2023 through February 21, 2023 won’t count toward a retiree’s annual earnings limit.
Can I begin work without the waiver as long as I either get the waiver before going over the limit or stop working before I go over if the waiver is not approved? Assuming the suspension is not extended again?
Normally, 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 the retiree turns 65.
For general information about post-retirement employment and receiving approval for a waiver, please read What If I Work After Retirement.
For account-specific information about how this may apply in your 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.
I am retired NYPD working as a security guard for a school district in NYS. They do not provide benefits, sick days or personal days for security guards and when I retire from this job I would not receive a second pension. If this order was not on effect I would be subject to earning limits. Could you explain why there are earning limits if I do not receive a 2nd pension when I retire?
State law limits the amount retirees can earn from public employment. Any changes to State law would need to be approved by both houses of the State Legislature and signed by the Governor. You may want to contact your state legislative representatives.
Yeah, I don’t understand the limit either. Why have it in place if we can’t/don’t contribute or collect a second pension.
Is there going to be an actual solution ever made to this ? This month to month thing is ridiculous especially while there is no end in sight to the shortage of employees.
The earnings limit was suspended under an executive order issued by the Governor. If you have a question about an executive order, please contact the Governor’s office.
Can a retiree work for a school district during the 2022-2023 school year and earn more than $35,000 AND work for the Sheriff’s Department and make less than $35,000? There is a waiver for school districts but not for police agencies.
For specific information about how the earnings limit may apply in this 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.
Absolutely agree it’s ridiculous. And there is no where to get answers. Things are difficult enough without being able to plan!. And changing the law by $5,000 was just downright silly! The way this has been done is absolutely not in the best interest of state agencies or their employees.
The earnings limit was suspended under an executive order issued by the Governor. If you have a question about an executive order, please contact the Governor’s office.
I retired from the NYPD in June of this year, and wanted to see if I understand this correctly, “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. If a retiree exceeds the earnings limit and continues to work, their pension benefits are suspended for the remainder of the year”. does this mean that my salary from the NYPD this year counts towards the $35,000 cap? I understand that the cap is suspended till June of 2023, so I guess for this year it shouldn’t be an issue. But I should receive my terminal leave payout next year, and if the cap is set back in July, will that affect my pension next year.
Thanks
The limit applies to money you earn as a retiree. Money earned while you are still working does not count toward the limit.
Under State law, the annual earnings limit has been suspended through June 30, 2023 for retirees who work for a school district or BOCES. For other public employers, under the Governor’s executive order, the limit is current suspended through December, 23, 2022. If the order is extended beyond December 23, 2022 we will update this blog post.
For additional questions about how the earnings limit may apply in your situation, you can contact the New York City Police Pension Fund by calling 212-693-5100.
Is there any discussion regarding the cap being lifted again into the 23-24 school year?
We are not aware of any discussions at this time. If the earnings limit for retirees working for a school district or BOCES is extended beyond June 30, 2023, we will update this blog post.
I thought that I read somewhere that the earnings limit was going to change to a calculation – the difference between current earnings (or maybe it was FAS) and pension benefit. For example, if someone’s earnings (or FAS) were $100k when they retired and their pension benefit is $60k, then their earnings limit would be $40k (100-60). It would be very difficult to track but could encourage retirees to return to work when it is so difficult to fill positions. Did I imagine this – or this calculation proposed for a future date??
At this time, we’re not aware of any new legislation that would affect the calculation of the earnings limit for retirees.
I am a parent coordinator in a NYC public school. I will turn 65 in 2023. Can I make more than 35 thousand dollars working now and going into 2023?
The post-retirement earnings limit for most retirees employed by a school district has been suspended through June 30, 2023. Also, there is generally no earnings limit starting in the year the retiree turns 65.
If you are collecting a pension from NYSLRS, you can get more information by emailing our customer service representatives using the secure email form on our website (http://www.emailNYSLRS.com). If you belong to another retirement system, you should contact that system for more information.
I now receive a disability retirement pension after getting injured on the job and I’m under the age of 40. And I work as well. I’m not sure of my earning limitations are exactly, only an estimate. Once I reach my limitations for the year can I continue to work but I’ll stop receiving my pension for the remainder of the year and It’ll start again the next calendar year? I have tried to reach out but I’ve been waiting on a reply for 8 weeks now.
Your message is important to us, and we have sent you a private message in response.
How do I make sure this for me
If you have a question about your NYSLRS benefits, 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 them using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.
same here I cannot get answer from anyone on this the email they gave me i cannot get a response
We’d like to help resolve your issue. Your message is important to us, and we have sent you a private message in response.
I go back to work for NYSDOT as a temporary employee for the winter season. i fill a need as they can not get enough employees to fill the snow plows in the winter, there is a 35,000 limit which can become a issue due to having to do mandatory overtime to keep the highways clear of snow and ice. Their is a new contract contract with raises in place which has the pay going up but the earnings limit is not changing. is there and word of the earnings limit going up. I know there is a wavier in place do to Covid-19. but if this were not in place it will make it hard to work whole snow and ice season for returning retiree’s. The weather does not know that we have a limit.
I am in the same boat with what is considered other public employment. I am also wondering why School districts and Boces was extended to the end of June next year and other public employment just to the end of October of this year. They should just do both until the end of June for the next few years. My department is so short and they tried hiring 6 people and only got 2. I hope for the benefit of employers trying to hire and not being able to they extend other public employment also as well as School Districts and Boces.
After retirement, and if deciding to work for the private sector or self employment, is there a limit to your earnings, if you have a pension from NYS?
There is generally no earnings limit if you are self-employed or work in the private sector, however limits may apply in certain circumstances, for example if you are receiving a disability pension benefit.
For account-specific information, 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.
so, if i work for a law firm 4.5 years after retirement, i have no limit on my annual earnings?
Generally, there is no earnings limit if you work for a private employer, but for account-specific information, 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.
There is no limit of self employed or working for the primate sector
There is generally no earnings limit for NYSLRS retirees who are self-employed or work in the private sector. However limits may apply in certain circumstances, for example for retirees who are receiving a disability pension benefit.
If you have questions, you can 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.
Can a 72 year old retiree, go back to work, because inflation has made financial survival a major struggle ?
Generally, NYSLRS members are not subject to an earnings limit if they return to work and are over 65 or work for a private employer.
For information about how this may apply in your 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.
As of Sept. 30th, it looks like the Governor has not extended the suspension of the earnings limit past September 27th. Is that correct?
Pay from a public employer earned from January 1, 2022 through October 27, 2022 will not count toward a retiree’s annual earnings limit
Will Governor Hochul be extending the earnings limit further than June 29, 2022?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond June 29, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
According to the NYCDOE retirees newsletter, the limit has been waived until June 2023
Under current legislation, if you work for a school district or BOCES, pay earned through June 30, 2023 will not count toward your post-retirement earnings limit.
The earnings limit had been extended to September 27, 2022 and just lapsed. Has it been extended to again into 2023? Please advise. Thank you.
Pay from a public employer earned from January 1, 2022 through October 27, 2022 will not count toward a retiree’s annual earnings limit.
My employer, from whom I retired 06/2016 and with whom I work part time, is a 4201 school. We serve students who are Deaf, blind and/or physically challenged. We are not charter, district or BOCES programs; we are state supported & privately run. How does the education salary extension affect me? Is the extension of the salary cap through June 2023 applicable to me?
For account-specific information about how the extension may apply in your 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.
I can make as much as I want up until June 2023 is that correct? The $35,000 limit does not start back again until June 2023 correct? So I just can’t make more than $35,000 starting from June 2023 till the end of 2023 right?
Under current legislation, if you work for a school district or BOCES, pay earned through June 30, 2023 will not count toward your post-retirement earnings limit.
For account-specific information about how this may apply in your 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.
According to the the UFT retirees newsletter, yes!
Under current legislation, if you work for a school district or BOCES, pay earned through June 30, 2023 will not count toward your post-retirement earnings limit.
In regards to the extension of June of 2023 does that go for all school districts in New York State or just New York CIty? I work in a school district in the Buffalo area so I am assuming it’s for all schools?? Thank you for any info…
The extension applies to all school districts and BOCES employers in New York State. We will update this blog post as additional details become available.
If I am retired from the police and fire system and teaching and coaching at a NY state public high school are all of my earnings exempt up until June 2023?
For specific information about your earnings limit, please email our customer service representatives using the secure email form on our website (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.
Goo morning,
As a retired FDNY EMS responder I am receiving my pension thru NYCERS. Does this extension apply to anyone working for a school district. I am currently employed by Sachem Central School District in Ronkonkoma, NY. Does it apply to my situation.
Thank you
Under the new legislation, post-retirement earnings with a school district or Boards of Cooperative Educational Services (BOCES) will not count toward a retiree’s annual earnings limit through June 30, 2023.
For information about how this may apply in your particular situation, please call the New York City Employees’ Retirement System (NYCERS) at 347-643-3000 or visit their website at http://www.nycers.org.
Get ride of the 35,000 cap Let people work after retirement and stay in NY Cost of living keeps going up
Our former governor Cuomo set a date, and then changed it after the fact ! Is this June 2023 “set in stone” or can it be retracted after the fact ? I need to make sure before I commit to any work July 1,2022 through June 30, 2023. Thanks for any input on this.
The June 30, 2023 date for retirees employed by school districts and BOCES was included in the State budget for fiscal year 2022-2023. It was signed into law by the governor in April.
Does the extension of June 2023 apply to those who are NYSLRS retirees from a public NYS University who continue to work part time for another public NYS University?
Under the new legislation, post-retirement earnings with a school district or Boards of Cooperative Educational Services (BOCES) will not count toward a retiree’s annual earnings limit through June 30, 2023. This extension does not apply to universities, colleges or charter schools.
when will we know if it extended longer. It is hard to pln month to month
We recognize the inconvenience of your planning but the Governor makes the decision on extension timing. If there are future developments concerning the earnings limit, we will update this blog post.
Does the Governor’s decision extend to NYC Retirees as well?
You can find contact information for the Teachers’ Retirement System of the City of New York (TRSNYC) at http://www.trsnyc.org/memberportal/Resources/ResContactUs.
To contact the New York City Employees’ Retirement System (NYCERS), please call 347-643-3000.
According to CSA (NYC) the income limitis waived through June 2023,
Correct, under provisions of the State budget, the earnings limit for NYSLRS retirees working for a school district or BOCES has been waived through June 30, 2023.We will update this blog post as additional details become available.
I want to make sure I understand this correctly. I understand that everything that is earned during the during the exemption period does not count towards your earnings limit. What happens after that exemption period is up and I continue working? Do you calculate from that point (June 2022) forward as if you never earned anything for the year yet? As an example, if I earned $38,000 up until May once June comes, do I now keep track starting from $0 or do I add the $38,000 to it? I originally thought that it means nothing you earned during the exemption period counts (as if you never earned it) but I want to be sure that is correct. I do not want a situation where I work and then am told I am over the limit because of what you earned during the exempt period now counts because the exemption is over.
Money earned during the exemption period does not count toward your $35,000 annual earnings limit.
Under the governor’s current executive order, only money earned after May 30, 2022 would be counted toward the limit. (If you work for a school district or BOCES, no money earned in 2022 would be counted.)
Do we have another extension into April?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond March 31, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
Please look at executive order 4.7 which extends E.o. 4 until 4/30
Correct, the Governor has again suspended the post-retirement earnings limit for NYSLRS retirees. Pay from a public employer earned from January 1, 2022 through April 30, 2022 will not count toward a retiree’s annual earnings limit.
If I work part time as a retiree and the city I am doing so in refuses to ask for a waiver, am I entitled to unemployment?
For questions about unemployment benefits, please contact the New York State Department of Labor. You can find contact information on their website. You can also check New York State’s unemployment services page.
If you are retired, is public employer income from a consultant contract that is billed through a sub S corporation, subject to the $35000 threshold?
We suggest you contact our customer service representative for information specific to your circumstances. You can email them using the secure email form on our website. One of our representatives 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.
Does this January 1st through March 31st. 35k exemption apply to New York City TRS members as well?
We recommend you reach out to the New York City Teachers’ Retirement System for more information.
After the “hold” is no longer in effect, when does the “salary cap” of 35K per year start ?
Is it Jan. 1st to Dec 31st (every year) ?
or, will it be from the time the hold is removed ?
say – 3/31/22 to 3/22/23 … ??
The earnings limit is a calendar year limit.
Pay from a public employer earned January 1, 2022 through March 1, 2022 will not count toward a retiree’s 2022 earnings limit. Pay earned from March 2, 2022 through December 31, 2022 would be included in the limit, unless the Governor extends the waiver. If there are future developments concerning the earnings limit, we will update this blog post.
The state of emergency was extended to March 12th 2022 by the governor correct
That state of emergency does not cover the income waiver?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond March 1, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
Looks like the suspension of the earnings cap has been extended to March 31.
From the NYSTRS website: “From Sept. 27, 2021 through March 31, 2022”
The $35,000 annual earnings limit has been suspended through March 31. Pay from a public employer earned from January 1, 2022 through March 31, 2022 will not count toward a retiree’s 2022 earnings limit.
Looks like EO 4.6 extends earnings limit to March 31, 2022
The $35,000 annual earnings limit has been suspended through March 31. Pay from a public employer earned from January 1, 2022 through March 31, 2022 will not count toward a retiree’s 2022 earnings limit.
$35K earning limits for seniors should be abolished. We have earned our pensions and this archaic income limit is akin to poverty status for the older population.
Could you review E.O 4.5. , it looks like it extends EO 4 until 3/1/22 for the income limit waiver. Thank you
Pay from a public employer earned from January 1, 2022 through March 1, 2022 will not count toward a retiree’s 2022 earnings limit.
Is this for all retired public employees? NYC?
For information about the New York City Employees’ Retirement System, please visit their website at http://www.nycers.org.
Thank you for the response, however, it did not address the question accurately. NYS Executive Order 4.4, dated Dec. 31st 2021, extends Executive Orders 4, 4.1, 4.2, & 4.3 to January 30th. These are the orders that exempt earnings under section 212. The information on your website indicates that January 25th is the last day of the 212 exemption. This does not appear to be correct information. Perhaps someone in your legal department can review this to ensure proper and accurate information is presented on this site.
Pay from a public employer earned from January 1, 2022 through January 30, 2022 will not count toward a retiree’s 2022 earnings limit.
As per NYS Executive Order 4.4, the RSSL 212 salary exemption continues until January 30th 2022, however, this website indicates January 25th as the date the exemption (currently) ends. Could you advise which date is correct? Thank you.
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond January 25, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
Thank you. I appreciate this page as a timely source of information.
Wow! I could have written this! Thanks for doing so (so I did not have too!!!) ALL TRUE!!! Thanks to the suspention of the wage limit, I have been able to help out my old co-workers at a time when it was (and is) so dealy needed.
Please help us who worked so hard and have retired younger than 65 but want to continue to serve in public service. Cost of living has increased exponentially there should be a substantial increase to the retiree earnings limit not a minimal one. With all the job shortages in public service like teachers, substitute teachers, bus drivers etc. Make it $75,000 but we cannot get another pension and you’ll see how many especially NYCERS retirees that live in the suburbs volunteer to work for NYSLRS. After all they will be working for this pay and the be experienced civil servants. Its a win win situation, the state gets a quality worker that will show up everyday and get the job done right and the worker can earn a living to off set this extreme Post Covid cost of living.
Good post that should be on an avalanche of emails to the governor!
I so agree. To take seasoned experienced individuals and tell them to make minimum wage is not fair to all who would benefit. Living on Long Island has become extremely expensive. Some of us really enjoy their job and refuse to except the amount NYS put on our income. What really is confusing is that the only thing we benefit from the city or state is a salary. We don’t receive any benefits nor do we need them. We do benefit the increase in social security, but that would increase no matter what job we do. Just very confusing and disheartening that we as a whole entity change the way NYS does business.
Please escalate to the governor. The need for experience dedicated nurses is there.
Exactly, many agree with you.
The pandemic is clearly not over as of January 2022. Is there any support for extending the $35K waiver through the remainder of 2022?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond January 25, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
How do tjey count the earnimgs. By pay periods or by time frame. Example my pay is delayed by two weels. My two paychecks for january still jas money from December does tjat count as Kanauary earnings? Or tje money i made in january not count towards the cap
The 2021 limit applies to all money you earned during the 2021 calendar year, including pay earned during 2021 but not paid until 2022.
So the my paychecks up to February 4 2022 doesnt count against the cap. The February 4,2022 pay check covers January 8,2022 to January 21,2022 . Plus the February 18 ,2022 check will cover the 4 remaining days. So all that earnings as of February 18,2022 does count againt the cap
Money earned during the waiver period will not be counted toward your 2022 earnings limit. If you have questions, 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.
Can you confirm that the waiver of the retiree earnings limit has now been extended through February 14, 2022?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond January 25, 2022. If there are future developments concerning the earnings limit, we will update this blog post.
Does this executive order apply to all public service retirees?
For information about how the executive order may apply in your particular 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.
In regards to the new extension from Sept 21 through Jan of 22. does that mean earnings only in the month of Jan of 22 don’t count towards the new year of 2022. So if i made $3000.00 in the month of Jan, that 3000 doesn’t count against my $35,000 limit right for 2022??
Pay from a public employer earned from January 1, 2022, through January 22, 2022, will not count toward your $35,000 earnings limit for 2022.
Does this provision apply for NYC DOE/TRS retirees as well? Last I spoke to someone at NYC TRS they had not heard of this.
Please check with the Teachers’ Retirement System of the City of New York (TRSCNY) for questions about TRSCNY retirees. You can find contact information on their website.
I checked with rhem yestetday and the girl said she never heard of it….but if this is a State Issued mandate/Amendment it should apply to all in the state…why should NYC workers be excluded?
How can I find out if my employer is considered a public employer? I work for Cornell Cooperative Extension.
For information about whether your employer participates in NYSLRS, please contact your human resources (personnel) office.
Did the Governor’s emergency executive order from Sept. 27rh suspend the 35k limit for earnings beginning Sept. 27th?
Yes, under the Governor’s executive order, pay from a public employer earned September 27, 2021 through October 27, 2021 will not count toward a retiree’s annual earnings limit.
Did executive order 3.1 continue the income waiver until 11/22/21?
At this time, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit beyond October 27, 2021. If there are future developments concerning the earnings limit, we will update this blog post.
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby extend the state disaster emergencies as set forth in Executive Orders 198 and 211, and continue the terms, conditions, and suspensions contained in Executive Orders 198 through 198.19, 211, 211.1, until November 22, 2021.
I called retirement yesterday and spoke to a supervisor. I specifically asked if the exemption was extended until 11/22/21, they are not aware if it.
The Governor has signed an executive order extending the suspension of the $35,000 post-retirement earnings limit through November 26, 2021.
Has this been extended past 10/27/2021?
The Governor has signed an executive order extending the suspension of the $35,000 post-retirement earnings limit through November 26, 2021.
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?
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.
Suspend the earning limits again please
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.
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.
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?
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.
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.
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?
Pay earned before June 25, 2021, but not paid until after that date, will not count toward your annual earnings limit.
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.
The cap applies to money you earned on or after June 25, 2021.
Payments for money you earned before you retired will not count toward your earnings limit.
For more information about retroactive payments, you may wish to read our recent blog post, which you can find at https://www.nyretirementnews.com/retroactive-payments-and-your-nyslrs-pension-benefit.
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?
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.
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?
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.
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?
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.
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.
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.
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.
Is NYCERS also following this New York State rule on Earning Limitations?
You can reach the New York City Employees’ Retirement System (NYCERS) by calling 347-643-3000 or by visiting their website.
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.
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.
As I have been earning more sick time working more hours during the covid pandemic, will my retirement health insurance payment be recalculated?
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.
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.
I believe it’s 1600 hours (200 days) for PEF, for 8 hour day workers, for the maximum limit?
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). To learn more, please visit the Department of Civil Service’s website, call them at 1-800-833-4344 or 518-457-5754, or email them at pio@cs.ny.gov.
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?
Looks like the incoming rearming limit has been extended to 6/5/21 per executive order 202.106
Income earning limit
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.
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.
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?
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.
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
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.
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)?
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.
Thank you!
Where do you report your total earnings?
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.
Is the end date February 22nd or 26th. There are different dates published. Thank you.
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.
Will this be extended?
If there are future developments concerning the earnings limit, we will update this blog post.
It looks to me like Executive Order 202-96 extended the earnings limit suspension until March 28, 2021. Please look into this. Thank you.
Yes, the earnings limit has been suspended through March 28, 2021.
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?
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.
Is the form to report earnings just the 3 blanks fields to fill in of Annual Earnings, Name of Employer & Signature?
Also, do we report the earnings over $35K or total earnings for 2020?
Report your total earnings, before any deductions, for public employment during calendar year 2020.
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.
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.
Hello – How do we report earnings made during the Covid Exemption period effective 3.27.20 through 12.31.2020 (for 2020 Taxes)?
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.
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
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.
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.
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.
It looks like executive order 202.87 continues this until 1/29/21.
Has the Governor extended the executive order to suspend the Section 212 earning limit?
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.
https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.87.pdf
https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.87.pdf
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.
Will this be extended for 2021 ?
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.
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?
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.
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.
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.
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.
Unfortunately, NYSLRS is unable to help you with questions about unemployment benefits, but you may be able to find the answer on the Department of Labor website.
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.
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
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
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.
This looks to have been extended to 12/3/20 per executive order 202.72.
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.
Are earnings considered from date of actual work, or date of paycheck?
Your earnings limit is calculated from the dates you work, not from the dates you are paid for that work.
My employer told me they report my earnings when I am paid. Will the state overrule what they report?
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.
According to my employer my earnings are reported when I am paid not when I worked. Will the state change what my employer reports?
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.
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
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.
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?
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).
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!
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.
It looks like Executive order 202.60 extended the waiver through October 4, 2020.
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.
The executive order that came out todays looks like it extended the waiver until 10/4!
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.
Where did you send it? My work email? A text?
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.
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
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.
How about those who work in a school district which was shut down but still got paid ?
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.
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?
We are the New York State and Local Retirement System (NYSLRS). Your question could be better answered by contacting the New York State Teachers’ Retirement System (NYSTRS) at https://nystrs.org/Contact.
You can disregard my last question. Thanks 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:
Have the Executive Order dates for Section 212 been extended past August 5th 2020?
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.
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?
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.
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.
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.
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.
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.
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
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.
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.
Has this changed again based on executive order 202. 53 until August 20, 2020?
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.
That makes no sense. I guess I will email.
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.
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??
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.
Has this been extended to August 5?
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.
It is not in Executive Order 202.48?
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.
Can you please review executive order 202.48, this looks like it extends the income waiver until August 6, 2020. Thank you
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.
Does the executive order apply to NYCERS members as well?
If you have questions about the New York City Employees’ Retirement System (NYCERS), you can call them at 347-643-3000.
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?
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.
I’ve been working in the system 22yrs why do we have to wait till 65 to retire if I already in the time..???
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.
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?
You should count the wages by the day you worked, not by when you were paid.
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
The waiver has been extended. Earnings from March 27 through July 6, 2020, will not count toward the limit.
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.
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.
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.
Has the Earnings limit date for retirees been extended pass June 6?
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.
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?
Unemployment benefits and Pandemic Unemployment Assistance (PUA) would not affect your NYSLRS retirement benefits.
For questions about unemployment benefit eligibility, please contact the New York State Department of Labor.
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?
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.
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.
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 .
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?
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.
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.
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.
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.
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.
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.
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?
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.
If the state gives us the hazard pay is that pensionable
Yes, hazard pay is considered regular earnings and could be used in calculating your pension when you retire.
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
For specific questions about what applies to your earnings limit, please email our customer service representatives using the secure email form on our website.
How will Covid 19 effect our years of service for 2019 ?
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.
Is this earnings limit suspended only for retirees in the health care field or does it apply to all public sector retirees?
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.
Does this apply to PFRS retirees also?
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.
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
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.