I am considering becoming a high school history teacher in a public school district on Long Island after I retire. Someone told me I couldn’t take the job and receive my pension. Is he correct?—
P.O. Eddie Iglesias, Warrant Division

He is correct. There are retiree employment restrictions concerning public employment while receiving your police pension. The rules are different depending on the type of retirement you receive. I will first describe the restrictions on members who retire with service or vested pensions.

According to Section 1117 of the New York City Charter, the pension portion of your retirement allowance must be suspended or forfeited if New York State or any of its political subdivisions employs the retiree. Be advised that “pension portion” means the much greater amount consisting of the city’s contributions, while “political subdivisions” include New York City, other municipalities in the state, and certain other entities, including your local public school district.

However, Section 211 of the New York State Retirement and Social Security Law does allow a person retired on other than a disability to be employed by New York State or one of its political subdivisions and continue to receive an NYPD pension if the agency seeking to employ the retiree obtains approval from the New York State Civil Service Commission or others empowered to grant the approval.

Remember, it’s hard for the hiring agency to obtain this approval, known as a 211 waiver. The agency must be able to show that your experience with the Police Department made you specially qualified for the job. Many civilian investigators in the various district attorney’s offices are retired members who received 211 waivers. Their police careers made them special for that type of work. It would be difficult, however, to show that your police career made you specially qualified to be a high school history teacher.

Section 212 of the New York State Retirement and Social Security Law does permit employment by New York State or one of its political subdivisions without the approval required under Section 211 if the salary is less than an amount set by the state legislature each year (currently $27,500). The Police Pension Fund must be notified that you elect to exercise this right.

PBA Members who retire for ordinary or accident disability are governed by different rules. Disability retirees who have not reached 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 employed by New York State or one of its political subdivisions and continue to receive their pensions. owever, they are subject to the earnings limit set in Section 13-254 of the New York City Administrative Code.

This law limits the earnings to the difference between the pension and the current salary of the next higher rank than that of the retiree, plus any overtime, night shift differential and vacation worked by the retiree in the last 12 months before his retirement. This restriction applies to all earnings the retiree makes, not just from a government job.

After the 20th anniversary of their appointment to the Police Department, persons retired on disabilities no longer have earnings limits. However, they then fall under Section 1117 of the New York City Charter and furthermore are not entitled to the exemption provisions of Sections 211 and 212 of the state law. That means disability retirees are prohibited from working for New York State or one of its political subdivisions after their 20th anniversary unless they suspend their pension.

Exceptions — The Office of the New York City Corporation Counsel has deemed that Section 1117 of the City Charter does not apply to “Public Benefit Corporations.” That means all retired members — both service and disability — can work for public benefit corporations without the suspending their pensions. The Pension Fund supplies a list of all public benefit corporations to members when they retire. They are also listed on the Pension Fund website at www.nyc.gov/nycppf.

It must also be remembered that any retired person may not join another New York State or City retirement system as an active member while receiving a pension benefit from the Police Pension Fund. This even includes employment with a Section 211 or 212 waiver and working for a public benefit corporation.

Each year the New York City Comptroller’s Office conducts an audit in an attempt to identify any retiree who is in violation of the above laws. Also, the city gets many letters, usually from anonymous sources, identifying members in violation. Once they are identified, the Pension Fund has no choice but to recover the pension benefit paid for the entire period of violation. If a retiree is discovered working in violation of the law, he not only forfeits his pension for that year but for every prior year he worked for the prohibited employer. There are currently retirees paying back hundreds of thousands of dollars. The largest current penalty, being repaid by a retired lieutenant, is in excess of $340,000.

Needless to say this is a very serious issue. If you have any doubt about employment after retirement contact the Police Pension Fund or me before you jeopardize your pension. Remember, you worked long and hard for your pension, don’t give it back to the city.

Pension Consultant Joseph Maccone will answer your retirement and pension questions in print. Write or email at the PBA, 40 Fulton St., NY, NY 10038, or jmaccone@nycpba.org.