Audit Report on Non-Pedagogical Pensioners of the New York City Department of Education Working for the City after Retirement

Audit Report In Brief

The objective of this audit was to identify New York City pensioners who appear to be violators of New York State Retirement and Social Security Law (RSSL) §211 and §212, or New York City Charter §1117 during calendar year 2009. These individuals —known as ‘double-dippers’ or ‘disability violators’—have been re-employed by a City agency and may be illegally collecting a pension from the New York City Board of Education Retirement System (BERS).

Audit Findings and Conclusions

The audit found that one pensioner was in apparent violation of RSSL §211 – §212 because she was under age 65 and received City wages exceeding the limitations without having a waiver on file and one pensioner was in violation of New York State Education Law (Title 2, Article 52, §2575) regulations and §1117 of the New York City Charter which prohibits a New York City Department of Education non-pedagogical disability retiree from earning more than $1,800 a year (including pension payments) in New York public service unless the retiree’s disability pension is suspended during the time of such employment. These individuals received $5,354 in pension over payments during 2009.

Audit Recommendations

The audit made two recommendations that BERS officials should:
Investigate those individuals identified in this report and, if in violation of State or City regulations, commence recoupment action against said individuals.
Send special reminders to service retirees under the age of 65 and to all disability retirees that clearly state their responsibilities regarding public service re-employment.

BERS Response

BERS officials agreed with both recommendations and indicated that they have taken steps to recoup the overpayments.