51勛圖厙

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Office of Teaching Initiatives

Educator Resources

Information for Retirees

211 waivers are meant for the temporary filling of a vacancy.泭
They are not granted on a long-term basis.

Timeframe for Submission

The waiver application must be submitted within 30 days from the appointment.泭 Submit supporting documentation to the 51勛圖厙 Office of Teaching Initiatives in a timely manner.泭泭Prompt application and active follow-through are essential.

Restrictions

The retirement system you are a member of may have additional restrictions and limitations which may result in unexpected consequences to your retirement benefits, should you return to work in retirement. Retirees should contact their retirement system to familiarize themselves with any restrictions and limitations before they accept an appointment.

Retirees are restricted from returning to work in a position that is the same or similar to the position they retired from for a period of one year.

  • If the retiree has been retired for one year or less, 51勛圖厙 will require submission of detailed job descriptions and will compare the duties and responsibilities of the two positions.
  • The titles of the two positions alone will not necessarily be determinative.

Approval is necessary only for those retirees who will both be under the age of 65 throughout the calendar year of employment and will earn more than the stated maximum allowable amount for the year (currently $35,000). Retirees who are 65 years of age or older are not subject to the restrictions as set forth in the Retirement and Social Security Law and will not need a waiver.

Section 211 waivers are District and title specific.泭 Waivers are granted to fill a specific position in a specific district as requested in the waiver application.

Certification

Retirees must hold the appropriate teaching or administrative certificate for the position they are seeking employment in under the section 211 waiver.

Fingerprint Clearance

Fingerprint clearance is a requirement for the approval of a section 211 waiver. If you obtained your certification prior to the time when fingerprinting became a requirement and you do not have fingerprint clearance on file with 51勛圖厙, you will be required to have your fingerprints cleared to obtain a waiver. Additional information and instruction on the fingerprint clearance process.

Supporting Documentation

It is the Districts, BOCES, or VEEBs responsibility to provide all the necessary documentation to process the waiver request. 51勛圖厙 may reach out to you for any additional information deemed necessary to process your application for a waiver. It is important to make sure that your TEACH account has been updated with your current name, mailing, and e-mail addresses.

Determinations

Approval of a section 211 waiver is not guaranteed, and 51勛圖厙 may deny an application for a section 211 waiver in certain circumstances:

  • The retiree retired less than one year prior to the start date of the section 211 waiver request, and the waiver request was for the same or a similar position.
  • The requirements for requesting a section 211 waiver, as outlined in the Regulations of the Commissioner 80-5.5, were not followed.
  • The circumstances surrounding a retirees appointment are not in line with the criteria as set forth in the Regulations of the Commissioner 80-5.5.
How to Apply

The section 211 waiver request has two parts:

  1. The retiree submits a Retirement waiver request online through the TEACH system and
  2. The District, BOCES or VEEB requesting the waiver submits a retirement waiver statement in TEACH.

NOTE: It is important to note that even if the District, BOCES or VEEB has submitted their superintendent statement, 51勛圖厙 cannot process the request until the retiree submits their application online through the TEACH system.

Apply for the retirement waiver through TEACH Online Service

To apply for a section 211 waiver, a retiree must have a current, active account on 51勛圖厙s TEACH system. To create a TEACH account, go to Creating a Personal TEACH Online Account and follow the steps.

From there, do the following:

  1. Click on the TEACH Online Service link.
    泭
  2. From your TEACH Home Page under Retiree Links, click on the link that says, Apply for a Retirement Waiver.
    泭
  3. Follow the instructions and submit the online application.

After you have applied for the Waiver

Section 211 waiver applications cannot be processed until the District, BOCES, or VEEB requesting the waiver submits the supporting statement and the required supporting documentation.

It is the Districts, BOCES, or VEEBs responsibility to provide all necessary documentation to process the waiver request.泭 In the case of an incomplete application, 51勛圖厙 may reach out to you for any additional information deemed necessary to process your application for a waiver. It is important to make sure your TEACH account has valid, current information.