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Retiree Pension Frequently Asked Questions

Can I be employed in public employment outside of New York State or work for the U.S. Government, join their retirement system and still collect my Police pension?
Yes, any retiree may be publicly employed by a municipal entity outside of New York State or work for the U.S. Government and still collect their retirement allowance from the Police Pension Fund.

Will there still be an employment limitation on my earnings if I retire on a disability and I have reached my twentieth anniversary?
Yes. See: Retiree Employment Limitations

Can I work for the State of New York or any of its political subdivisions if I retire on a service retirement?
Yes. See: Retiree Employment Limitations


Retirement Employment Limitations

TO ALL ARTICLE II RETIRED PERSONS

This notice is to advise you of certain restrictions on employment after retirement. Your retirement benefit consists of a pension portion (the largest part) and an annuity portion. The following paragraphs concern the pension portion only. The annuity portion of your retirement benefit was purchased by your contributions and is not affected. Also, continuation of your annuity portion maintains your eligibility for medical benefits. An active member of the pension system is one who is in the active service of a governmental agency. He may or may not be making contributions to the pension system but is earning future pension benefit credits. A passive member is one who is receiving benefits.
The following paragraphs are intended as a guide to the statutory restrictions on retiree employment. Each retiree should review the statutes cited to insure compliance and avoid jeopardizing their pension benefit. Questions regarding these statutory restrictions should be submitted to the Police Pension Fund in writing and will be answered in writing. A copy of such correspondence will be made a part of your pension records.

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SERVICE & VESTED INTEREST RETIREES

According to Section 1117 of the New York City Charter, the pension portion of the retirement benefit is suspended or forfeited for all retirees who are employed by New York State or any of its political subdivisions, and earn over $1,800.00 yearly. However, Section 211 of the New York State Retirement and Social Security Law allows a person retired for other than physical disability to be employed by New York State or one of its political subdivisions if the agency wishing to employ the person obtains approval from the New York State Civil Service Commission or others empowered to grant such approval (this is commonly known as the "211 waiver"). In addition, if the prospective employer is New York City, except the Board of Education, the salary or compensation is limited to the difference between the yearly pension amount and the salary or compensation the pension was based on. Any earnings in excess of that amount must be subtracted from subsequent pension payments. Section 212 of the New York State Retirement and Social Security Law permits employment by New York State or one of its political subdivisions without approval for non disability retirees if the salary or compensation is less than an amount set by the legislature each year (amount is currently $25,000). Under Section 212 you must notify the Police Pension Fund if you elect to exercise this right.
For Service or Vested Interest Retirees who elect public employment with New York State, there shall be no earnings limitations on or after the calendar year which age sixty-five (65) is attained.
In all cases, under Section 40-C-9 of the New York State Retirement and Social Security Law, any retired person may not join another New York State Retirement System as an active member, while receiving a pension benefit from the Police Pension Fund. If a retired person chooses to do so, the pension portion must be suspended. When active membership ceases, pension portion payment will be reinstated.
NOTE: It is the responsibility of the service or vested interest retiree to verify that the prospective employer has obtained a waiver under Section 211 and that the waiver is continued in force throughout the duration of employment.

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PUBLIC BENEFIT CORPORATIONS

The Office of the Corporation Counsel has interpreted Section 1117 of the New York City Charter as not applying to "PUBLIC BENEFIT CORPORATIONS", so that retired New York City employees could work for such corporations without suspension of benefits. The Corporation Counsel has determined the following Authorities to be Public Benefit Corporations.
• New York City Housing Authority

• New York City Transit Authority

• New York State Dormitory Authority

• Off-Track Betting Corporation

• New York City Health & Hospitals Corporation

• Metropolitan Transportation Authority

• Urban Development Corporation

• New York / New Jersey Port Authority

• Waterfront Commission

• New York City School Construction Authority

• New York City Convention Operating Corporation

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DISABILITY RETIREES

According to Section 1117 of the New York City Charter, the pension portion of the retirement benefit is suspended or forfeited for all retired persons who are employed by New York State or any of its political subdivisions. However, Article II persons retired for ordinary or accident disability prior to the 20th anniversary of their appointment to the Police Department, are not governed by Section 1117 of the New York City Charter and may be so employed. Persons retired for ordinary or accidental disability prior to the 20th anniversary of their appointment to the Police Department are subject to the provisions of Section 13-254 of the New York City Administrative Code. Section 13-254 limits earnings to the difference between the pension portion and the current salary plus overtime, night shift differential and vacation work for the next higher rank than that of the retiree at the time of retirement. Uniform allowance shall be included at the rate for the rank of the retired person at the time of retirement. Earnings in excess of this difference are to be subtracted from subsequent pension portion payments.
After the 20th anniversary of their appointment to the Police Department, persons retired for ordinary or accident disability are no longer subject to the provisions of 13-254. However, they now fall under Section 1117 of the New York City Charter and furthermore are also excluded from the exemption provisions of Sections 211 and 212 of the New York State Retirement and Social Security Law. Therefore, disability retirees who are employed by New York State or any of its political subdivisions after the 20th anniversary of their appointment to the Police Department will have their pension benefit suspended.
In all cases, under Section 40-C-9 of the New York State Retirement and Social Security Law, any retired person may not join another New York State Retirement System as an active member, while receiving a pension benefit from the Police Pension Fund. If a retired person chooses to do so, the pension portion must be suspended. When active membership ceases, pension portion payments will be reinstated.

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