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Office of Teaching Initiatives

Educator Resources

Employment of a Retiree

NOTICE: The following information impacts Section 211 waivers for employment through June 30, 2027.

The New York State legislature has passed an extension to the 2024泭泭of the Retirement & Social Security law which extends the suspension of the earnings limitation for retirees for an additional two years through June 30, 2027.

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This amendment allows retirees to be employed and earn compensation in a position at a New York State public school district or BOCES without any effect on their retired status, and their earnings from such positions will not be applied to their earnings when calculating the earnings limitation through June 30, 2027.

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Please note- employment at a charter school, community college, SUNY, or any other public employment is not covered by this amendment.

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Since the earnings limitation has been extended through June 30, 2027, the Office of Teaching Initiatives (OTI) will not be processing any section 211 waiver applications for employment in a New York State public school district or BOCES during the effective dates of the Executive Orders or the timeframe covered by the original amendment and the subsequent extensions through June 30, 2027.

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

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Questions regarding this amendment and section 211 waiver applications can be submitted to泭211requests@nysed.gov.

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Additional information can be found on the泭泭and泭.

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

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

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What is a Section 211 Waiver

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A Section 211 Waiver is meant for individuals that have retired from public service who want to return to work for a public employer.泭 A Section 211 waiver is meant for the temporary filling of a vacancy; they are not granted on a long-term basis.

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When is a Section 211 Waiver Necessary

A Section 211 waiver is required when any New York State school district, Board of Cooperative 做厙TVal Services (BOCES) or any county Vocational 做厙TV and Extension Board (VEEB), seeks to hire a retired individual who has retired from public service and both of the following conditions exits:

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  • The retired individual seeking to return to work will be under the age of 65 throughout the calendar year of employment.泭 Note- if the retired individual will turn 65 at any point during the calendar year that they are employed, then a Section 211 Waiver is not necessary.泭 Questions regarding this condition should be directed to the retirement system that the retired individual is a member of.

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  • The retired individual will earn more than the annual Section 212 earnings limit.泭 The current allowable amount is set at $35,000.泭

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*Retired individuals who are 65 years of age or older are not subject to the earning restrictions set forth in the Retirement and Social Security Law and therefore do not need a waiver. *

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Eligibility for a Section 211 Waiver

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Please note that the issuance of a Section 211 Waiver is not automatic, specific requirements as set forth by the Regulations of the Commissioner must be met for a waiver to be issued.

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The process of obtaining a Section 211 Waiver is an employer driven process.泭 When seeking a Section 211 waiver for any position, the District, BOCES or VEEB requesting the waiver must follow the requirements as set forth in the Regulations of the Commissioner 80-5.5.泭

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Employers and Retirees are subject to any restrictions and limitations put in place by the Regulations of the Commissioner as well as the retirement system they are a member of.泭

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Before accepting employment as a retiree, it is strongly suggested that retirees contact the retirement system they are a member of to familiarize themselves with these restrictions and limitations.

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Please note retirees seeking to return to work with the New York City Department of 做厙TV (NYCDOE) must contact the NYCDOE directly.泭 The Office of Teaching Initiatives does not issue Section 211 waivers for retired individuals seeking employment with the NYCDOE.

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NYSED Commissioner's Regulations泭

Information for Employers

Responsibility: It is the responsibility of the District, BOCES or VEEB that is employing a retiree to become familiar with Section 80-5.5 of the Regulations of the Commissioner which describes the requirements that must be met for the issuance of a Section 211 Waiver.

It is the responsibility of the District, BOCES or VEEB that is employing a retiree to ensure that all required applications and supporting documentation have been submitted to the NYSED Office of Teaching Initiatives in a timely manner.泭

It is also the responsibility of the employing District, BOCES or VEEB to follow up to ensure all the requested supporting documentation has been provided and verify the status of the waiver.泭

Failure to submit the appropriate applications and supporting documentation as well as employing a retiree without a Section 211 Waiver can have a very serious impact on the retirement benefits of the retired individual that you are seeking to employ.泭

Timeframe for Submission: The Regulations of Commissioner specify that the waiver must be requested within 30 days from the appointment of a retiree and supporting documentation must be submitted to the NYSED Office of Teaching Initiatives in a timely manner.泭 Prompt application and active follow-through are essential.

Determination: Approval of a Section 211 waiver is not guaranteed and NYSED may deny any application for a Section 211 waiver if the employer did not follow the requirements as outlined in the Regulations of the Commissioner, 80-5.5

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Restrictions: Regulations of the Commissioner restrict a Retiree from returning to work in a position that would be considered to be the same or similar to the position they retired from for a period of one year, from the date they retired. If a Section 211 waiver is submitted for a person that has not been retired for more than one year, and the position that the waiver is being requested for appears to be the same or similar to the position they retired from NYSED will require submission of detailed job descriptions for the former and current position to compare the duties and responsibilities of the two positions.

Additional Restrictions: Beyond the restrictions set forth in Section 80-5.5 of the Regulations of the Commissioner, you should be aware that the retirement system that the retiree is a member of may have additional restrictions.泭 It is the responsibility of the retiree to contact the retirement system that they are a member of for information about these additional restrictions.

Certification: For positions that require certification, the Retiree must hold the appropriate teaching/administrative certificate for the position the waiver is requested for.泭 Additionally, the Retiree must have an Active registration status for a Section 211 Waiver to be approved.

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Entering the Retirement Waiver Superintendent Statement in the TEACH System:

It is the responsibility of the employing Districts BOCES or VEEBs to complete the Retirement Waiver Superintendent Statement in the TEACH System. The administrator completing this statement must read the questions carefully and provide detailed responses to each question.泭If adequate responses are not provided it will delay the processing of your request.泭

Supporting Documentation Needed to be Submitted for SECTION 211 WAIVER:

In all instances the employing Districts BOCES or VEEBs must submit the following supporting documentation:

  • A copy of the resolution of the board authorizing such employment, subject to approval of the commissioner (needs to be official).

    An acceptable resolution must include the following information:

    • The title of the position the waiver is being requested for.
    • A statement indicating that the position is being offered subject to the approval of the waiver by the Commissioner.
    • The duration of the waiver- Start and End dates.
    • The voting information- Names of the board members who moved and seconded the motion, as well as the vote totals indicating the motion passed.
  • Proof of advertising/posting the position, to document a good faith effort to find a non-retied individual to fill the position. This must include dates of positing and the exact title of the position.泭 In cases of emergency interim appointments, if no advertising/posting was done, the District, BOCES or VEEB requesting the waiver must explain the selection process that was used in choosing the retiree they are seeking the waiver for.
  • If the position is for the superintendent of schools, an additional Attestation that the retired person may participate in but shall not lead the review and selection process for a permanent candidate of such position must be completed by the BOCES District Superintendent. The District can obtain this form by emailing a request to 211requests@nysed.gov.

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Renewals and Exceptions: Renewal requests are not automatically approved on the basis that an initial waiver was granted.泭 The request must demonstrate the following:

  • That the District, BOCES or VEEB followed the recruitment plan as provided in the request for the original waiver.
  • That the District, BOCES or VEEB was unable to fill this position with a non-retired individual due to an extreme hardship or other unexpected and unforeseen circumstances beyond the control of the District, BOCES or VEEB.

Exceptions beyond the one-year renewal: In the following circumstances the regulations of the Commissioner 80-5.5 allow waivers to be granted beyond the initial waiver and one renewal:

  • A position considered to be in a teacher-shortage area.
  • A position in a high-need school.
  • The extreme circumstance where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position.
  • School Resource Officer positions.

It should be noted that while multiple waivers may be granted for these positions, approval of a waiver is necessary for every school year in which the retiree is employed in this position and that the retiree is under age 65 during the calendar year.

These requests are not automatically approved on the basis that an initial or renewal waiver has been granted.泭 The request must demonstrate the following:

  • Follow the same process as when they obtained the initial waiver and renewal.
  • Demonstrate that the situation meets one of the extenuating criteria as outlined in the Regulations of the Commissioner 80-5.5.

Section 211 waivers are valid for up to one school year at a time. Districts, BOCES or VEEBs that are requesting approval of a waiver beyond a renewal must follow the same process as in previous years.泭

It is the Districts, BOCES or VEEBs responsibility to follow up on any waiver request made through NYSED.泭 If you are not contacted by NYSED within 30 days of submitting the waiver superintendent statement, you should follow-up by emailing 211requests@nysed.gov.

Information for Retirees

A Section 211 Waiver is necessary only for those retirees who will both be under the age of 65 throughout the calendar year of employment and will earn more than the stated maximum allowable amount for the year (currently $35,000). Retirees who are 65 years of age or older are not subject to the restrictions set forth in the Retirement and Social Security Law and will not need a waiver.泭 However, it is strongly suggested that you reach out to the retirement system that you are a member of before accepting appointment to any position as a retiree.

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NYSED Restrictions: Regulations of the Commissioner restrict a Retiree from returning to work in a position that would be considered to be the same or similar to the position they retired from for a period of one year, from the date they retired. If a Section 211 waiver is submitted for a person that has not been retired for more than one year, and the position that the waiver is being requested for appears to be the same or similar to the position they retired from NYSED will require submission of detailed job descriptions for the former and current position to compare the duties and responsibilities of the two positions.

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Additional Restrictions: Beyond the restrictions set forth in Section 80-5.5 of the Regulations of the Commissioner, you should be aware that the retirement system you are a member of may have additional restrictions and limitations which may result in unexpected consequences to your retirement benefits, should you return to work in retirement. Retirees should contact their retirement system to familiarize themselves with any restrictions and limitations before they accept an appointment.

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Timeframe for Submission: If a Section 211 Waiver is necessary the waiver application must be submitted within 30 days of your appointment.泭 Please note while it is the responsibility of your employer to follow through and ensure your Section 211 Waiver has been granted, you should follow up with them to make sure that they have submitted the required supporting documentation to the NYSED Office of Teaching Initiatives in a timely manner.泭 Prompt application and active follow-through are essential.

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Failure of your employer to submit the appropriate applications and supporting documentation as well as employing you without a Section 211 Waiver can have a very serious impact on your retirement benefits.泭

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Section 211 waivers are Employer and title specific: Waivers are granted to fill a specific position with a specific employer as requested in the waiver application. You cannot move from one employer to another under the same Waiver.泭 Approval of a separate Waiver would be required for each different employer.

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Certification:泭 Retirees must hold the appropriate teaching or administrative certificate for the position they are seeking employment under a Section 211 waiver.

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Fingerprint Clearance: Fingerprint clearance is a requirement for the approval of a section 211 waiver.泭 If you obtained your certification prior to the time when fingerprinting became a requirement and you do not have fingerprint clearance on file with NYSED, you will be required to have your fingerprints cleared to obtain a waiver.泭 Additional information and instruction on the fingerprint clearance process go to

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Supporting Documentation: It is the responsibility of the Districts, BOCES or VEEBs that wants to employ you to provide all the necessary documentation to process the waiver request.泭 NYSED may reach out to you for any additional information deemed necessary to process your application for a waiver. It is important to make sure that your TEACH account has been updated with your current name, mailing and e-mail addresses.

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Determinations: Approval of a section 211 waiver is not guaranteed and NYSED may deny your application for a Section 211 waiver in certain circumstances such as the following:

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  • You were retired less than one year prior to the start date of the Section 211 waiver request, and the waiver request was for a same or similar position.

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  • The employer seeking to employ you under a Section 211 waiver did not follow the Regulations of the Commissioner 80-5.5.泭

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  • The circumstances surrounding a retirees appointment are not in line with the criteria as set forth in the Regulations of the Commissioner 80-5.5.

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Questions regarding Section 211 Waivers should be sent to: 211requests@nysed.gov.

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Waiver Duration:

Please note the following with regards to the duration of waiver issued by the Office of Teaching Initiatives:

  • Per the Regulations of the Commissioner, Section 211 Waivers issued by the Office of Teaching Initiatives are issued for a period of up to one school year at a time.
  • The Office of Teaching Initiatives issues Section 211 Waivers based on a school year, not a calendar year.泭
  • The start date of a waiver can vary.
  • In all cases, waivers cannot be approved past the end of the current school year in which the waiver is being requested for.泭 The Office of Teaching Initiatives considers June 30th to be the end of a school year.
  • A Section 211 waiver may be renewed once for up to an additional school year.泭 NYSED grants 211 waiver renewals in instances of demonstrated extreme hardship or other unexpected and unforeseen circumstances beyond the control of the district or board.

    A District, BOCES or VEEB may be granted additional waivers beyond the first school year and one renewal in the following situations:

  • If a position is; in a teacher shortage area, or in a high-need school,
  • In an extreme circumstance where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position
  • School Resource Officer position.
School Resource Officer Positions

Please note the following regarding obtaining a Section 211 waiver for a School Resource Officer (SRO)

  • The 做厙TV Office of Teaching Initiatives only issues waivers for positions that are of School Resource Officer in nature.泭 We do not issue waivers for School Security Officer positions.泭 Waivers for School Security Officer positions would be issued through the New York State Department of Civil Service.
  • Before a Section 211 Waiver request for a School Resource Officer position can be considered, the employing District, BOCES or VEEB must provide documentation that verifies that the position is that of a School Resource Officer.泭 If the job duties of the position in question are involved with security only and they do not present information to students in a classroom environment, then they would not be that of a School Resource Officer.
  • A School Resource Officer can act as an educator working with faculty members, the SRO can present information and answer questions on a variety of topics, including the law, drugs, safety, crime prevention, violence prevention, concepts of safety, traffic laws, general law, and crime prevention techniques.
  • 泭A Security Officer is only responsible for security they do not perform the duties of an educator.

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

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

The section 211 waiver request has two parts:

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The retiree submits an application for a Retirement waiver online through the TEACH system and

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The District, BOCES or VEEB requesting the waiver submits a retirement waiver statement in TEACH.

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NOTE: It is important to note that even if the District, BOCES or VEEB has submitted their superintendent statement, NYSED cannot process the request until the retiree submits their application online through the TEACH system.

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Apply for the retirement waiver through TEACH Online Service

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To apply for a section 211 waiver, a retiree must have a current, active account on NYSEDs TEACH system. To create a TEACH account, go to Creating a Personal TEACH Online Account and follow the steps.

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From there, do the following:

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Click on the TEACH Online Service link.

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From your TEACH Home Page under Retiree Links, click on the link that says, Apply for a Retirement Waiver.

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Follow the instructions and submit the online application.

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Helpful Information when Making your Application:

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- When making your application you are going to be asked to provide your annuitant number, for this question you will provide the member number provided to you by the Retirement System that you are a member of.泭 The annuitant number is your retirement system member number.

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- When making your application you will be asked to provide your employment information, please make sure to provide an accurate account of your employment history, as this information is considered when your application is reviewed.泭 If this section is not filled out correctly, then we will reach out to you for additional information, so please make sure that your TEACH profile accurately reflects your current contact information such as mailing address and e-mail address.

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After you have Applied for the Waiver

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Section 211 waiver applications cannot be processed until the District, BOCES or VEEB requesting the waiver submits the supporting statement and the required supporting documentation.

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While it is the responsibility of the Districts, BOCES or VEEBs that is employing you to provide all necessary documentation to process the waiver request and ensure that your waiver has been processed, you should follow up with them to make sure that they have submitted the required supporting documentation to the NYSED Office of Teaching Initiatives in a timely manner.泭 As employment without a Section 211 Waiver if required can have a very serious impact on your retirement benefits.泭