Bill Text: NY A03965 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to permitting employment of retired police, firefighters and EMTs without diminution of retirement allowance for periods in excess of two years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental employees [A03965 Detail]

Download: New_York-2017-A03965-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3965--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the retirement and social security law, in  relation  to
          employment  of retired persons without diminution of retirement allow-
          ance
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of  subdivision  2  of section 211 of the
     2  retirement and social security law, as amended by  chapter  640  of  the
     3  laws of 2008, is amended to read as follows:
     4    (b)  Such  approval  may be granted only on the written request of the
     5  prospective employer of such retired person, which request  shall  state
     6  detailed reasons therefor related to the standards set forth herein, and
     7  on  a  finding,  on  evidence satisfactory to the appropriate officer or
     8  authority specified in paragraph (a) of this subdivision,
     9    (1) that the retired person is duly  qualified,  competent  and  phys-
    10  ically  fit for performance of the duties of the position in which he or
    11  she is to be employed and is properly certified where such certification
    12  is required;
    13    (2) that he or she will earn more than one  thousand  dollars  in  one
    14  year,  including  compensation  earned  in  such  position  under  other
    15  provisions of this article that there  are  not  readily  available  for
    16  recruitment  persons  qualified  to perform the duties of such position;
    17  [and (4);]
    18    (3) that the prospective employer has prepared a detailed  recruitment
    19  plan to fill such vacancy on a permanent basis;
    20    (4) that his or her employment is in the best interests of the govern-
    21  ment service; and
    22    (5)(i)  that  there  is an urgent need for his or her services in such
    23  position as a result  of  an  unplanned,  unpredictable  and  unexpected
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06478-03-7
        A. 3965--A                          2
     1  vacancy  where  sufficient  time is not available to recruit a qualified
     2  individual and that such hiring shall be deemed as non-permanent  rather
     3  than a final filling of such position; or
     4    (ii)  that  the prospective employer has undertaken extensive recruit-
     5  ment efforts to fill such vacancy and as a result  thereof,  has  deter-
     6  mined  that  there  are  no  available  non-retired persons qualified to
     7  perform the duties of such position.
     8    Such approvals may be granted for  periods  not  exceeding  two  years
     9  each,  provided  that  such person may not return to work in the same or
    10  similar  position  for  a  period  of  one  year  following  retirement;
    11  provided, however, that when the approval is for such person to serve as
    12  a  firefighter,  police  officer  or  emergency  medical technician, the
    13  approval shall not be subject to the two year time limit and,  shall  be
    14  granted  for a period of five years.  The authority or officer specified
    15  in paragraph (a) of this subdivision, upon  approving  employment  of  a
    16  retired  person  under  this section, shall certify such approval to the
    17  retirement system or pension plan from which such person is receiving  a
    18  retirement allowance.
    19    §  2.  This  act  shall take effect immediately and shall apply to all
    20  applications pending approval on and after such date.