Sec. 56.1. Approval of employment of retirees

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.