New York Codes, Rules and Regulations (NYCRR)

Title 4 Part 56

Department of Civil Service

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4 NYCRR 56.1 - Approval of employment of retirees

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

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NYCRR title agency
Department of Civil Service
Section status
Section source receipt
Source version current through
Jan 31, 2026

Approval of the employment of a retiree pursuant to section 211 of the Retirement and Social Security Law must be secured prior to the effective date of that employment; provided, however, the commission may under the following exceptional circumstances grant such approval retroactively where:

(1)it is demonstrated that there was an intent on the part of the employing agency to hire the retiree pursuant to section 211 of the Retirement and Social Security Law;
(2)the retiree understood that he was being employed pursuant to that section; and
(3)only through an error of commission or omission approval was not effectuated.

The burden to demonstrate such exception circumstances is upon the employing agency.

4 NYCRR 56.2 - Earlier source heading: 56.2 to 56.5 [Repealed]

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Department of Civil Service
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