Restricts the public employment of retired persons for twenty-four months.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to restricting the public employment of retired persons for twenty-four months
PURPOSE: To create a 24 month moratorium of the issuance of Section 211 Approval of the Retirement and Social Security Law commonly referred to as a "211 Waiver".
SUMMARY OF PROVISIONS: Amends subparagraph 2 of paragraph (b) of §211 of the retirement and social security law by adding a new subdivision 9 to restrict the issuance of approvals under this section for 24 months.
EXISTING LAW: There are different rules and restrictions for retired public employees who wish to return to public service and how it impacts their ability to collect their pension.
Post retirement employment and earnings with the State; a county, city, town or village; a school district or Board of Cooperative Services (BOCES); public authorities or public benefit corporations; or other entities that participate in one of the eight public retirement systems of the state, may be affected depending on type of retirement a member is receiving, the plan a member retired under and the member's age.
Under RSSL §212 a retired member who is under the age of 65, can return to public employment without approval or reduction or suspension of their retirement benefit as long as during the calendar year their earnings are less than $30,000. Upon earnings over $30,000 a member's pension is suspended for the remainder of the calendar year.
Under RSSL §211 if a member's earnings will be more than the limits set under RSSL §212 then the public employer may request approval to hire you under RSSL §211, which may help avoid a reduction or suspension of the retired member's pension.
Typically the authorization is requested if the New York State Civil Service Commission, however, the following entities are authorized to grant these approvals for certain positions:
* The New York State Commissioner of Education * The Campus President of each State University of New York * The Chancellor of the New York City Division of Citywide Personnel Services * The New York State Office of Court Administration.
Approval is not automatic, but based on the employer's needs and the retired member's qualifications. Waivers are granted for a fixed period of time of up to two years.
The moratorium provided for by this legislation will compel public employers to address our aging workforce and the lack of workforce succession planning, quell public outrage over "double-dipping and tap in to the availability of a large labor pool from which to hire.
According to 2010 The New York State Workforce Management Report published by the New York State Department of Civil Service:
* 62% of the workforce is 45 or older * 25% of the workforce is 55 or older * Average age is 47 * Average length of service is 15 years * In the next 5 years, 32,422 employees will be 55 or older with 30 years of service, 20% of the non-uniformed workforce * Average age at retirement is 58 * Average length of service at retirement is 27 years
The majority of Management/Confidential employees are the 5,146 most senior career managers in State service who serve in grades M-1 through M-8, 21% are now eligible to retire. Within the next five years, a total of 48% of these senior career managers will become eligible to retire.
No agency has an average age in the 20s or 30s. There are 52 agencies with an average employee age in the 40s and 18 in the 50s.
From 2002-2007, the average age of a new hire to State service was 35. It rose to 38 in 2008. In 2009 it was 41. Not only are older workers older; so are the younger workers. Clearly, the old pattern of government hiring people right out of high school or college is no longer true. One reason for this is that the State, like most employers lately, needs people capable of performing a job soon after they are hired. The State is hiring for experience rather than for potential.
The current economic crisis allows for the State and other public employers to recruit and select employees from a large labor pool that may not have traditionally considered employment in the public sector.
LEGISLATIVE HISTORY: 2011 Session - New Legislation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately; provided, however this act shall not apply to individuals to whom approvals were granted prior to the effective date of this act.
STATE OF NEW YORK ________________________________________________________________________ 4111 2011-2012 Regular Sessions IN SENATE March 18, 2011 ___________Introduced by Sen. SAVINO -- 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 restricting the public employment of retired persons for twenty-four months THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 2 of paragraph (b) of subdivision 2 of section 211 of the retirement and social security law, as amended by chapter 640 of the laws of 2008, is amended and a new subdivision 9 is added to read as follows: (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)];] 9. NO APPROVALS GRANTED UNDER THIS SECTION SHALL BE PERMITTED FOR A PERIOD OF TWENTY-FOUR MONTHS. S 2. This act shall take effect immediately; provided, however this act shall not apply to individuals to whom approvals were granted prior to the effective date of this act.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09738-01-1