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I worked for 23 years for NYC and then moved to Metro North…

Customer Question
I worked for 23...

I worked for 23 years for NYC and then moved to Metro North Railroad. I'm 69 years old and still working for MNR. Can I start collecting my NYCERS pension and will that affect my pension from MNR when I retire from my current job?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time, non-union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The MNR pension is not NY State pension, but MTA defined benefit pension program

Submitted: 6 months ago.Category: Employment Law
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Answered in 14 hours by:
1/3/2018
Employment Lawyer: N.Brown ESQ, Lawyer replied 6 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Employment Law
Satisfied Customers: 158
Experience: Attorney
Verified

Hello my name is Niel

I'd be happy to help you with your legal question.

Generally, you can receive your retirement benefit while you work if your employer is not a public employer in the State of New York. If so you do not need NYCERS approval and there is no limit on your post retirement earnings from your employer. Your employment is not considered a NY state public employer if any of the following apply to you:

  • Are self-employed;
  • Work for a private employer;
  • Work for another state or its political subdivisions; or
  • Work for the federal government.

If as you state MNR is not considered a NY public employer then it would appear that you can collect your pension while working for the MNR, and that should not effect your MNR pension. I would suggest speaking with your union's representative, and or contacting the NYERS and MNR pension departments to be sure. Here's link to an article on NYERS's site regarding post retirement employment.

http://osc.state.ny.us/retire/publications/vo1648.php#returning-to-public-employment

If you have further questions and or want to continue discussing this issue I would be glad to do so, just reply with your questions. If you are satisfied with my responses, then please Accept the answer and provide a rating.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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