Tag Archives: Earnings limit

Update Regarding Retiree Earnings Limit During COVID-19 Emergency

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 new legislation have temporarily suspended the earnings limit for retirees who returned to work during the COVID-19 emergency.

retiree earnings limit

Earnings Limit Suspended through June 30, 2023 for School Districts and BOCES

The state budget for fiscal year 2022-2023 included legislation that temporarily suspends 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, 2023.

The new law means that for retirees working for school districts or BOCES, the limit is eliminated through the end of the school year 2022-23. This extension does not apply to universities, colleges or charter schools.

Earnings Limit Suspended through May 30, 2022 for Other Public Employers

Since the start of the COVID-19 emergency, governors have issued executive orders temporarily suspending the retiree earnings limit. Under the executive orders, post-retirement earnings with a public employer will not count toward a retiree’s annual earnings limit during the following time periods:

  • January 1, 2022 through May 30, 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 May 30, 2022 we will update this blog post. For general information about post-retirement employment, please read What If I Work After Retirement.

Retirees: Know Your Post-Retirement Earnings Limit

Retirees: Know Your Post-Retirement Earnings LimitAs a NYSLRS retiree, you can work for a public employer after retirement and still receive your pension, but there may be an earnings limit on how much you can earn.

Public employers include New York State, municipalities in the State (cities, counties, etc.), school districts and public authorities. If you’re self-employed or work for a private employer, another state, or the federal government, you can collect your full NYSLRS pension no matter how much you earn. (However, earnings for most disability retirees are limited whether they work for a public or private employer. To find out your earnings limit, please contact us.)

Two sections of New York State Retirement and Social Security Law (RSSL) apply to NYSLRS service retirees who return to work in the public sector.

Section 212: Earnings Limit Increases to $35,000 in 2020

Section 212 of the RSSL allows retirees to earn up to $30,000 from public employment in calendar year 2019. Legislation signed in December 2019 increased the earnings limit to $35,000 for calendar year 2020 and future years. There is generally no earnings restriction beginning in the calendar year you turn 65. (Special rules apply to elected officials.) If you are under 65 and earn more than the Section 212 limit, you must:

  • Pay back, to NYSLRS, an amount equal to the retirement benefit you received after you reached the limit. And, if you continue to work, your retirement benefit will be suspended for the remainder of the calendar year.

OR

  • Rejoin NYSLRS, in which case your retirement benefit will be suspended.

Section 211: Requires Employer Approval

Under Section 211, the earnings limit can be waived if your prospective employer gets prior approval. (In most cases, the New York State Department of Civil Service would be the approving agency.)

Section 211 approvals apply to a fixed period, normally up to two years. Approval is not automatic; it is based on the employer’s needs and your qualifications.

Before you decide to return to work, please, please read our publication, What If I Work After Retirement? If you still have questions or concerns, please contact us.