New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations)
Part 56 - Employment Of Retirees
Section 56.1 - Approval of employment of retirees
Current through Register Vol. 46, No. 12, March 20, 2024
Approval of the employment of a retiree pursuant to section 211 of the Retirement and Social Security Law must be secured prior to the effective date of that employment; provided, however, the commission may under the following exceptional circumstances grant such approval retroactively where:
(1) it is demonstrated that there was an intent on the part of the employing agency to hire the retiree pursuant to section 211 of the Retirement and Social Security Law;
(2) the retiree understood that he was being employed pursuant to that section; and
(3) only through an error of commission or omission approval was not effectuated.
The burden to demonstrate such exception circumstances is upon the employing agency.
