New Law Affects The Public Retiree Hiring Process
Resources
A new law, effective October 7, 2008, implemented a number of important changes to both the Retirement & Social Security Law (RSSL) and State Education Law (SEL), and could affect your ability to hire public retirees.
Chapter 640 of the Laws of 2008 
changes the process by which employers can obtain waivers to hire retirees under the RSSL’s Section 211. Employers typically request the waivers from the Civil Service Commission, which has the authority to grant them for a maximum period of two years.
When requesting a waiver, participating employers must also now prepare detailed recruitment plans and show either that:
- There is an urgent need, as the result of an unplanned, unpredictable and unexpected vacancy, where sufficient time is not available to recruit any available non-retired personnel, or
- Extensive recruitment efforts did not find any available qualified non-retired persons. The hiring must also be deemed to be temporary, rather than a final filling of the position.
Though employers must prepare a detailed recruitment plan, Chapter 640 does not specify what form the recruitment efforts must take. In addition, this law does not apply to individuals for whom waivers were already granted.
Lastly, Chapter 640 prohibits retirees from returning to work under Section 211 in the same or similar position for a period of one year following retirement.
Chapter 640 also adds a new Section (217) to the RSSL, requiring all school districts and boards of cooperative educational services (BOCES) to annually report the current positions and earnings of the retirees they employ. Furthermore, Chapter 640 amends the SEL, in part, by requiring all school districts to make their annual expense information available on a website or at a public library.
If you have questions about this new law, email us.
Share This
Like what you see? Share it with a friend.