2.

1. (a) No retired person may be employed in a position in public service pursuant to subdivision one hereof except upon approval of

   1. (1) the state civil service commission; or
   2. (2) the commissioner of education if such person is to be employed in the unclassified service of a school district other than the city of New York, a board of cooperative educational services or a county vocational education and extension board; or
   3. (3) the municipal civil service commission of the city of New York if such person is to be employed in a position in the service of the city of New York or in the classified service in the board of education of such city; or
   4. (4) the chancellor of the city school district of the city of New York if such person is to be employed in the unclassified service under the board of education of the city of New York; or
   5. (5) the board of higher education of the city of New York if such person is to be employed in the classified or unclassified service under the board of higher education of the city of New York; or
   6. (6) the chancellor of state university if such person is to be employed in the unclassified service of the state university of New York, or in the professional service at the state colleges of agriculture, home economics, veterinary medicine or industrial and labor relations, the state agricultural experiment station at Geneva or any other institution or agency under the management and control of Cornell university as representative of the board of trustees of state university of New York, or at the state college of ceramics under the management and control of Alfred university as representative of the board of trustees of state university of New York or in the unclassified service of a community college other than those in the city of New York; or
   7. (7) the chief administrator of the courts if such person is to be employed in a judicial or nonjudicial position in the unified court system.

2. (b) Such approval may be granted only on the written request of the prospective employer of such retired person, which request shall state detailed reasons therefor related to the standards set forth herein, and on a finding, on evidence satisfactory to the appropriate officer or authority specified in paragraph (a) of this subdivision,

   1. (1) that the retired person is duly qualified, competent and physically fit for performance of the duties of the position in which he or she is to be employed and is properly certified where such certification is required;
   2. (2) that he or she will earn more than one thousand dollars in one year, including compensation earned in such position under other provisions of this article that there are not readily available for recruitment persons qualified to perform the duties of such position; and (4)];
   3. (3) that the prospective employer has prepared a detailed recruitment plan to fill such vacancy on a permanent basis;
   4. (4) that his or her employment is in the best interests of the government service; and (5)(i) that there is an urgent need for his or her services in such position as a result of an unplanned, unpredictable and unexpected vacancy where sufficient time is not available to recruit a qualified individual and that such hiring shall be deemed as non-permanent rather than a final filling of such position; or
   5. (ii) that the prospective employer has undertaken extensive recruitment efforts to fill such vacancy and as a result thereof, has determined that there are no available non-retired persons qualified to perform the duties of such position. Such approvals may be granted for periods not exceeding two years each, provided that such person may not return to work in the same or similar position for a period of one year following retirement. The authority or officer specified in paragraph (a) of this subdivision, upon approving employment of a retired person under this section, shall certify such approval to the retirement system or pension plan from which such person is receiving a retirement allowance.
3. (c) Notwithstanding any provision of this subdivision, designation of a retired person as a judicial hearing officer by the chief administrator of the courts, pursuant to provisions of article twenty-two of the judiciary law, shall constitute approval under subparagraph seven of paragraph (a) of this subdivision. In making such a designation, the chief administrator shall not be subject to the provisions of paragraph (b) of this subdivision, except that the chief administrator shall certify such designation to the retirement system or pension plan from which the person designated is receiving a retirement allowance.