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.
Top of page
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.
Top of page
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
Top of page
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.
Top of page
|
