Tag Archives: working after retirement

Working After Retirement: Retiree Earnings

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working after retirement

As a NYSLRS retiree, you can work and still receive your pension, but if you are working after retirement, there may be a limit on how much you can earn each year without affecting your NYSLRS pension.

The rules and restrictions differ depending on:

  • The type of retirement benefit you are receiving (service or disability);
  • The employer you will be working for (New York State public employer, private employer, yourself, etc.);
  • Your date of membership and tier; and
  • Your age.

New York public employers include the State, its political subdivisions (cities, counties, etc.), school districts, Boards of Cooperative Educational Services (BOCES), public authorities, public benefit corporations and entities that participate in any of the State’s public retirement systems.

Temporary Suspensions of the Earnings Limit

Under a series of executive orders, the Governor had suspended the earnings limit. The last executive order expired on June 22, 2023. Pay from a public employer earned from June 23, 2023 through December 31, 2023 will count toward a retiree’s annual earnings limit.

Also, the Legislature has suspended the earnings limit for retirees employed by school districts and BOCES through June 30, 2024. You can find more information, as well as updates about any future developments, in our Update Regarding Retiree Earnings Limit blog post.

Working While Receiving a Service Retirement Benefit

As a service retiree (retired under a regular service retirement, not a disability retirement), your earnings are unlimited if you work for a private employer, a state other than New York State or the federal government.

If you return to work in the public sector, two sections of New York State Retirement and Social Security Law (RSSL) regulate post-retirement employment.

Section 212: Earnings Limited to $35,000 per Calendar Year

Section 212 of the RSSL allows retirees to earn up to $35,000 from public employment in a calendar year. There is generally no earnings restriction beginning in the calendar year you turn 65. (Special rules apply to elected officials.) If you’re under 65 and earn more than the Section 212 limit, you must:

  • Pay back NYSLRS for the pension payments you received after the date you reached the limit. If you continue to work, your pension will be suspended for the remainder of the calendar year and resume the following January.

    OR
  • Rejoin NYSLRS, in which case your pension will be suspended until you retire again at some future date (you’d need to reapply).

Section 211: Your Employer Can Seek a Waiver of the Earnings Limit

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

Working While Receiving a Disability Retirement Benefit

Earnings for retirees who are working while receiving a disability retirement benefit are limited whether they work for a public or private employer. The limit is specific to each retiree. To find out your earnings limit, please contact us.

Reporting Your Earnings

It is your responsibility to notify NYSLRS if you earn more than the limit. If you know you are going to exceed the limit, contact us at least a month before you go over the limit.

You can message us using the secure contact 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 exceed the limit and a daytime phone number in case we have questions.

For More Information

Before you decide to return to work, please read our publication, What If I Work After Retirement? It includes information such as how earnings limits are calculated for retirees receiving a disability retirement benefit, consequences to consider before returning to NYSLRS membership and more. If you have questions or concerns, please contact us.

A Good Plan Can Ease Your Transition to Retirement

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When people talk about retirement planning, they’re usually talking about money. But there’s another aspect that people often forget: what will you do with all that newfound free time? After decades of hard work, the thought of sleeping late and taking it easy is pretty attractive. But the transition to retirement is a big deal, and many retirees don’t consider the psychological aspects of the change. We’ve gleaned some advice from professional sources.

A Good Plan Can Ease Your Transition to Retirement

Create a Plan and Schedule

However you feel about your job right now, it’s an important part of your life. It provides structure, mental stimulation and social interaction. Retiring can leave a void, and streaming the latest shows or making frequent trips to the grocery store may not be enough to fill it. Empty or aimless hours can lead to boredom, disenchantment and even depression.

You may have a long list of things to do, places to go, and hobbies to take up, but if you don’t decide where to begin, it can be hard to get started. You’ll need to actively plan your activities and create a schedule to successfully manage your time in retirement. Write down how you’d like to spend each day of the week, blocking out time for chores, social engagements, hobbies and exercise. Sticking to a schedule can keep your days structured and give you a sense of accomplishment.

Stay Engaged

For many people, staying busy and remaining socially engaged are essential to a satisfying transition to retirement. That’s one reason why some retirees take on part-time or seasonal jobs.

A job in retirement doesn’t necessarily mean continuing to do the same old thing. Retirement is an opportunity to reinvent yourself. Do something you’ve always wanted to do, something fun and challenging.

Maybe the job for you is one that doesn’t pay at all, at least monetarily. There are countless organizations looking for volunteers.

Volunteering just a few hours a week will give you something to look forward to and keep you connected to the outside world, which can improve both your mental and physical well-being.

Exercise Your Body and Brain

Regular exercise not only keeps you physically fit — it also increases your sense of well-being. Whatever you do to exercise, make it part of your regular schedule. Consider taking a fitness class at a local gym, which also adds a social element to your workout. Maybe you can up the ante by trying something new, like a martial arts class.

Don’t forget to exercise your brain. A course or workshop can help you discover a new side to yourself (the painter, the mystery writer, the master of topiary). You may even want to enroll in classes at a local community college or return to school full-time.

Whatever you do, make sure it’s part of a plan — a plan for a happier retirement.

Update Regarding Retiree Earnings Limit

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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 temporarily suspended the earnings limit for retirees who returned to work.

retiree earnings limit

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 22, 2023 for Other Public Employers

The Governor issued executive orders temporarily suspending the retiree earnings limit. Under the executive orders, post-retirement earnings with a public employer do not count toward the annual calendar-year earnings limit during the following time periods:

  • January 1, 2023 through June 22, 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.

Note: as of the most recent publication of this blog post, we are not aware of any plan by the Governor to extend the waiver of the retiree earnings limit that ended on June 22, 2023. Beginning June 23, 2023, the earnings limit for NYSLRS service retirees under age 65 who return to work for a public employer is $35,000 for the remainder of the calendar year. The $35,000 cap will apply to the entire calendar year starting in 2024. If there are future developments concerning the earnings limit, we will inform retirees, including by updating this blog post. For general information about post-retirement employment, please read What If I Work After Retirement.

When Retirees Rejoin NYSLRS

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The COVID-19 pandemic has prompted some NYSLRS retirees to return to work in the public sector. If you are one of these retirees, we want to make sure you know that the post-retirement earnings limit of $35,000 a year for retirees in a public sector job who are under age 65 has been suspended through much of 2020, 2021 and 2022 by executive order. Additionally, if you work for a school district or BOCES, legislation has suspended your earnings limit through June 30, 2023. Read more in our blog post, Update Regarding Retiree Earnings Limit During COVID-19 Emergency.

rejoin NYSLRS

Some retirees have considered ending their retirement to rejoin NYSLRS. While rejoining the Retirement System is an option, you should understand how this decision could affect your pension benefits.

Rejoining NYSLRS may increase your total service credit, allowing you to reach certain milestones that would increase your pension. An increase in earnings could also result in a higher pension. However, depending how long you work after rejoining, your new pension may not be higher than your original amount.

Note: This post applies to service retirees of the Employees’ Retirement System (ERS) or the Police and Fire Retirement System (PFRS) who are rejoining the same system. Different rules may apply to retirees of other retirement systems, retirees joining a system other than the one they retired from, and disability retirees.

What Happens to Your Pension When You Rejoin NYSLRS?

If you rejoin NYSLRS, your pension will be suspended. If you are in Tiers 2 through 6, and you earn less than two years of new service credit after you rejoin, your original pension would be reinstated when you retire the second time. Any new service credit and earnings would not affect your pension. (Tier 1 members would receive an additional benefit even if they earn less than two years of service in their new membership.)

If you earn two or more years of new service, you can either receive your original pension or you can receive a recalculated benefit that includes your additional service. If you choose the recalculated benefit, you would have to repay the entire pension amount you have already received, plus interest. (The pension amount you repay would be based on the Single Life Allowance rate.) You may repay that amount in a lump sum or by installments before you retire again — or request a permanent reduction to your new pension.

Other Factors

Here are other things to consider before you rejoin NYSLRS:

  • When you retire again, your new retirement date can delay your eligibility for cost-of-living adjustments (COLAs).
  • If you are in Tier 1 or 2, rejoining may affect your death benefit.

Where to Go for Help

If you are seriously considering rejoining NYSLRS, we strongly recommend you speak with a customer service representative to discuss how rejoining would affect your benefits. You can call them at 1-866-805-0990 or email them using our secure contact form.

You may also wish to read our publication Life Changes: What If I Work After Retirement?