Bill S469C-2013

Relates to a waiver of earnings limitation for certain retirees of the New York state and local police and fire retirement system employed by the state university

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.

Details

Actions

  • Jan 21, 2014: PRINT NUMBER 469C
  • Jan 21, 2014: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jun 7, 2013: PRINT NUMBER 469B
  • Jun 7, 2013: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • May 10, 2013: PRINT NUMBER 469A
  • May 10, 2013: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S469C

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.

The amendment changes the wording in Section 1(c) and (d)to read: such person is hired only as a member of the faculty by the state university of New York or as a member of the faculty or as director of public safety by a community collate; and (d) such retired person is granted a waiver of retirement 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, as the case may be.

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 at a community college. This will contribute greatly to education and security of the campuses of the State University of New York.

PRIOR LEGISLATIVE HISTORY:

Previously introduced with Assemblyman Zebrowski.

FISCAL IMPLICATIONS:

To be determined. Fiscal note needed.

EFFECTIVE DATE:

January 1, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ 469--C 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 persons employed by the state university of New York or by a community college under a program of the state university serv- ing in certain capacities during the whole of any calendar year begin- ning 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 retire- ment 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 retire- ment system immediately prior to the commencement date of such employ- ment by the state university or community college under a program of the
state university, as the case may be; (c) such person is hired only as a member of the faculty by the state university of New York or as a member of the faculty or as director of public safety by a community college; and (d) such retired person is granted a waiver of retirement 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 universi- ty, as the case may be. S 2. This act shall take effect January 1, 2015.

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