Relates to exempting uniformed members of emergency services from limitations on post-retirement reemployment.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to exempting uniformed members of emergency services from limitations on post-retirement reemployment
PURPOSE: To exempt uniformed members of emergency services who have previously received approval for post-retirement reemployment from the limitations on post-retirement reemployment.
SUMMARY OF PROVISIONS:
Section one amends section 211 of the retirement and social security law by adding the new subdivision 9. This subdivision exempts uniformed members of an emergency service, such as police, firefighters, emergency medical technicians, and members of a certified emergency response team, who have previously secured post-retirement reemployment approval from the requirements of existing law when seeking post-retirement reemployment in any position to which the section applies.
Section two provides that this act shall take effect immediately.
EXISTING LAW: Currently, an employer wishing to hire a retiree must submit a request for a section 211 waiver prior to hiring the retiree. Waivers last for a period of two years, after which the employer must submit a new section 211 waiver for the reemployed retiree whose section 211 waiver is about to expire.
JUSTIFICATION: This legislation allows employers flexibility by allowing them to internally issue section 211 waivers for retired uniformed members of an emergency service who have previously secured a section 211 waiver. Positions for uniformed members of an emergency service are often difficult to fill. When a former position holder retirees, this difficulty is heightened because a new employee may not have the same breadth of knowledge in relation to the job as the former employee.
The 211 waiver currently allows employees who receive a pension to return to work after they reach their retirement qualifications. This legislation would simply cut through the red tape of the process by permitting the issuance of these waivers from those who are more knowledgeable of the position's needs and understand how they can best be fulfilled. By allowing for the issuance of in house waivers, the process becomes more efficient and insures a more apt workforce.
LEGISLATIVE HISTORY: 2012: S.7413 - Civil Service and Pensions 2012: A.9922 - Governmental Employees
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3712 2013-2014 Regular Sessions IN SENATE February 12, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to exempting uniformed members of emergency services from limitations on post-retirement reemployment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 211 of the retirement and social security law is amended by adding a new subdivision 9 to read as follows: 9. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY UNIFORMED MEMBER OF AN EMERGENCY SERVICE, SUCH MEMBERS INCLUDING BUT NOT LIMITED TO, POLICE, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS OR A MEMBER OF A CERTIFIED EMERGENCY RESPONSE TEAM, WHO HAS PREVIOUSLY BEEN GRANTED APPROVAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION WHEN SEEKING POST-RETIREMENT REEM- PLOYMENT IN ANY POSITION TO WHICH THIS SECTION APPLIES SUBSEQUENT TO SECURING SUCH PREVIOUS APPROVAL. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07378-01-3