Working after retiring from NYSTRS

The rules

Before you go back, make sure your retirement was a bona fide termination (see the glossary). The limits below decide whether your pension keeps being paid while you work. Related: the COLA, taxes on your pension and retiree health insurance.

• From the calendar year you turn 65, earnings in any job, including NYS public employment, are unlimited. Private-sector work that doesn't serve a NYS public employer, out-of-state work and federal work are unlimited at any age.Retired Members' Handbook p. 11
• Under 65 in NYS public employment, Section 212 of the Retirement and Social Security Law lets you earn up to a set amount per calendar year (currently $35,000) without prior approval. If you go over, NYSTRS suspends your pension for the rest of the year, and you may have to repay.Retired Members' Handbook pp. 12, 14; NYSTRS Regulations § 5023.1
• Chapter 55 of the Laws of 2025 waives the Section 211 and 212 limits for NYSTRS retirees working for school districts and BOCES until June 30, 2027. Work for charter schools, community colleges, SUNY or other public employers is still subject to the $35,000 limit.Compilation of Laws 2026, Introduction; Retired Members' Handbook p. 12; Bulletin 2024-7 p. 1
• To earn more than the Section 212 limit you need a Section 211 waiver, which your employer must request. You generally can't return to the same or a similar position for one year after retiring. Approvals are usually for one year.Retired Members' Handbook p. 12
• To start your pension you need a bona fide termination: resign from all NYS public employment, be off the payroll, and have no prearranged agreement to return.Handbook p. 42; Retired Members' Handbook p. 11

These rules apply to service retirees under age 65 working in NYS public employment (RSSL §§ 211 and 212). Private-sector, out-of-state and federal work is unlimited.

Questions