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Responsibility: It is the responsibility of the District, BOCES or VEEB that is employing a retiree to become familiar with Section 80-5.5 of the Regulations of the Commissioner which describes the requirements that must be met for the issuance of a Section 211 Waiver.

It is the responsibility of the District, BOCES or VEEB that is employing a retiree to ensure that all required applications and supporting documentation have been submitted to the 91精选 Office of Teaching Initiatives in a timely manner.听

It is also the responsibility of the employing District, BOCES or VEEB to follow up to ensure all the requested supporting documentation has been provided and verify the status of the waiver.听

Failure to submit the appropriate applications and supporting documentation as well as employing a retiree without a Section 211 Waiver can have a very serious impact on the retirement benefits of the retired individual that you are seeking to employ.听

Timeframe for Submission: The Regulations of Commissioner specify that the waiver must be requested within 30 days from the appointment of a retiree and supporting documentation must be submitted to the 91精选 Office of Teaching Initiatives in a timely manner.听 Prompt application and active follow-through are essential.

Determination: Approval of a Section 211 waiver is not guaranteed and 91精选 may deny any application for a Section 211 waiver if the employer did not follow the requirements as outlined in the Regulations of the Commissioner, 80-5.5

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Restrictions: Regulations of the Commissioner restrict a Retiree from returning to work in a position that would be considered to be the 鈥渟ame or similar鈥� to the position they retired from for a period of one year, from the date they retired. If a Section 211 waiver is submitted for a person that has not been retired for more than one year, and the position that the waiver is being requested for appears to be the 鈥渟ame or similar鈥� to the position they retired from 91精选 will require submission of detailed job descriptions for the former and current position to compare the duties and responsibilities of the two positions.

Additional Restrictions: Beyond the restrictions set forth in Section 80-5.5 of the Regulations of the Commissioner, you should be aware that the retirement system that the retiree is a member of may have additional restrictions.听 It is the responsibility of the retiree to contact the retirement system that they are a member of for information about these additional restrictions.

Certification: For positions that require certification, the Retiree must hold the appropriate teaching/administrative certificate for the position the waiver is requested for.听 Additionally, the Retiree must have an Active registration status for a Section 211 Waiver to be approved.

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Entering the Retirement Waiver Superintendent Statement in the TEACH System:

It is the responsibility of the employing Districts BOCES or VEEBs to complete the Retirement Waiver Superintendent Statement in the TEACH System. The administrator completing this statement must read the questions carefully and provide detailed responses to each question.听If adequate responses are not provided it will delay the processing of your request.听

Supporting Documentation Needed to be Submitted for SECTION 211 WAIVER:

In all instances the employing Districts BOCES or VEEBs must submit the following supporting documentation:

• A copy of the resolution of the board authorizing such employment, subject to approval of the commissioner (needs to be official).

  An acceptable resolution must include the following information:

  • The title of the position the waiver is being requested for.
  • A statement indicating that the position is being offered subject to the approval of the waiver by the Commissioner.
  • The duration of the waiver- Start and End dates.
  • The voting information- Names of the board members who moved and seconded the motion, as well as the vote totals indicating the motion passed.
• Proof of advertising/posting the position, to document a good faith effort to find a non-retied individual to fill the position. This must include dates of positing and the exact title of the position.听 In cases of emergency interim appointments, if no advertising/posting was done, the District, BOCES or VEEB requesting the waiver must explain the selection process that was used in choosing the retiree they are seeking the waiver for.
• If the position is for the superintendent of schools, an additional Attestation that the retired person may participate in but shall not lead the review and selection process for a permanent candidate of such position must be completed by the BOCES District Superintendent. The District can obtain this form by emailing a request to 211requests@nysed.gov.

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Renewals and Exceptions: Renewal requests are not automatically approved on the basis that an initial waiver was granted.听 The request must demonstrate the following:

• That the District, BOCES or VEEB followed the recruitment plan as provided in the request for the original waiver.
• That the District, BOCES or VEEB was unable to fill this position with a non-retired individual due to an extreme hardship or other unexpected and unforeseen circumstances beyond the control of the District, BOCES or VEEB.

Exceptions beyond the one-year renewal: In the following circumstances the regulations of the Commissioner 80-5.5 allow waivers to be granted beyond the initial waiver and one renewal:

• A position considered to be in a teacher-shortage area.
• A position in a high-need school.
• The extreme circumstance where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position.
• School Resource Officer positions.

It should be noted that while multiple waivers may be granted for these positions, approval of a waiver is necessary for every school year in which the retiree is employed in this position and that the retiree is under age 65 during the calendar year.

These requests are not automatically approved on the basis that an initial or renewal waiver has been granted.听 The request must demonstrate the following:

• Follow the same process as when they obtained the initial waiver and renewal.
• Demonstrate that the situation meets one of the extenuating criteria as outlined in the Regulations of the Commissioner 80-5.5.

Section 211 waivers are valid for up to one school year at a time. Districts, BOCES or VEEBs that are requesting approval of a waiver beyond a renewal must follow the same process as in previous years.听

It is the District鈥檚, BOCES鈥� or VEEB鈥檚 responsibility to follow up on any waiver request made through 91精选.听 If you are not contacted by 91精选 within 30 days of submitting the waiver superintendent statement, you should follow-up by emailing 211requests@nysed.gov.

Please note the following regarding obtaining a Section 211 waiver for a School Resource Officer (SRO)

• The 91精选 Office of Teaching Initiatives only issues waivers for positions that are of School Resource Officer in nature.听 We do not issue waivers for School Security Officer positions.听 Waivers for School Security Officer positions would be issued through the 91精选 State Department of Civil Service.
• Before a Section 211 Waiver request for a School Resource Officer position can be considered, the employing District, BOCES or VEEB must provide documentation that verifies that the position is that of a School Resource Officer.听 If the job duties of the position in question are involved with security only and they do not present information to students in a classroom environment, then they would not be that of a School Resource Officer.
• A School Resource Officer can act as an educator working with faculty members, the SRO can present information and answer questions on a variety of topics, including the law, drugs, safety, crime prevention, violence prevention, concepts of safety, traffic laws, general law, and crime prevention techniques.
• 听A Security Officer is only responsible for security they do not perform the duties of an educator.

Before a 211 Waiver request is submitted for a School Resource Officer (SRO) position, you must determine the following:

• Determine if the position is that of a SRO or a security officer.听 If the job duties of the position in question are involved with security only and they do not present information to students, then they would not be that of a SRO.
• Consider the following SRO Duty Statement:
  • The SRO is an educator, law enforcer and counselor.
  • The SRO鈥檚 primary duties are to protect the school鈥檚 safe environment and to maintain an atmosphere where students and staff feel safe.
  • The SRO may assist in the investigation of criminal activity occurring on school campuses with school administrators in accordance with 91精选 State Law and school district policy.
  • As an educator working with faculty members, the SRO can present information and answer questions on a variety of topics, including the law, drugs, safety, crime prevention, violence prevention, concepts of safety, traffic laws, general law, and crime prevention techniques.