Relates to a waiver of earnings limitation for certain retirees of the New York state and local police and fire retirement system who are employed by the state university.
TITLE OF BILL: An act relating to a waiver of earnings limitation for certain retirees of the New York state and local police and fire retirement system who are employed by the state university
PURPOSE OR GENERAL IDEA OF BILL: Permits retired police officers to re-enter public service for the state university of New York or a community college under the program of the State University of New York.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this legislation removes the earning limits on members of the NYS policemen's and firemen's retirement system who retire and are employed by the state university of New York or a state university community college.
JUSTIFICATION: Unlike New York's public employee retirees, private sector and non New York public retirees are not restricted in the amount of earnings they can receive if they choose to return to New York public employment after retirement. New York public service retirees must be granted a waiver pursuant to Section 211 of the Retirement and Social Security Law in order to earn over $30,000 per year or be subject to a reduction in their retirement benefits. Currently, there are numerous New York retirees who are valuable law enforcement personnel who are essential members of the faculty and instructors in the areas of criminal justice and law enforcement, and contribute to the public safety on SUNY's college campuses.
Enactment of this legislation will dramatically broaden the pool of eligible candidates for community colleges in the teaching faculty, and director of public safety. This will contribute greatly to educational and security of the campuses of the State University of New York.
PRIOR LEGISLATIVE HISTORY: This bill was previously introduced in 2010 (S.8035) and 2011 (S.3440) with Assemblyman Zebrowski.
FISCAL IMPLICATIONS: Nominal.
EFFECTIVE DATE: January 1, 2014.
STATE OF NEW YORK ________________________________________________________________________ 469 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT relating to a waiver of earnings limitation for certain retirees of the New York state and local police and fire retirement system who are employed by the state university THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of general or special law, local law and/or charter, the earnings limitations contained in any such general or special law, local law and/or charter and applicable to the employment of persons in a position or positions in public service in any calendar year while retired and receiving a retirement allowance shall not apply to any person employed by the state university of New York or by a community college under a program of the state university during the whole of any calendar year beginning with the calendar year in which this act shall have become a law who meets all of the following requirements; such person may continue as retired and without loss, suspension or diminution of his or her retirement allowance, provided: (a) such person retired while a member of the New York state and local police and fire retirement system; (b) such person is entitled to receive a retirement allowance from such retirement system immediately prior to the commencement date of such employment by the state universi- ty or community college under a program of the state university, as the case may be, and (c) such retired person is granted a waiver of retire- ment earnings limitation by the chancellor of the state university of New York or the president of a community college under a program of the state university, if such person is hired as a member of the faculty or director of public safety, as the case may be. S 2. This act shall take effect January 1, 2014.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00352-01-3