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
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- Source version current through
- Jan 31, 2026
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- Jun 6, 2026
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- Apr 15, 2026
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- Sep 13, 2026
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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.