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BILL NUMBER:S469

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.

Text

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