N.Y. Comp. Codes R. & Regs. tit. 21 § 5023.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 5023.2 - Reporting earnings subject to Retirement and Social Security Law, section 212

(a) A retired teacher who is eligible to elect the benefits of section 212 of the Retirement and Social Security Law shall not be required to file a statement of election pursuant to said section.

(b) In lieu of the statement of election, where a retired teacher expects to earn or has earned from public service during a calendar year any amount greater than the maximum amount permitted by section 212 to be earned from public service during such calendar year, such retired teacher shall provide written notice to the system containing the following information:

(1) said teacher's name and address;

(2) said teacher's retiree number; and

(3) the gross earnings of said teacher to date from public service during the calendar year, together with the name of the employer(s) by whom said teacher was employed.

(c) Notification pursuant to subdivision (b) of this section shall be filed with the system no later than the end of the month in which the retired teacher first expects to earn or earns, whichever occurs earlier, an amount greater than said maximum permitted amount.

(d) The system shall give notice of the foregoing requirement to each retiree at the time of retirement and at least annually in an issue of the Resource.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5023.2