Bill Text: NY A07132 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to allowing retired public employees who participated in World Trade Center rescue, recovery or cleanup operations to seek subsequent employment with the state or a municipal corporation without diminution of retirement benefits.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2020-02-19 - print number 7132c [A07132 Detail]

Download: New_York-2019-A07132-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7132--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 10, 2019
                                       ___________

        Introduced  by  M. of A. ABBATE, PALUMBO, DenDEKKER, GRIFFIN, LiPETRI --
          read once and referred to the Committee on Governmental  Employees  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on  Ways and Means -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to the Committee on Governmental Employees in accordance with Assembly
          Rule  3,  sec.  2  --  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
          allowing  retired  public  employees  who  participated in World Trade
          Center rescue, recovery  or  cleanup  operations  to  seek  subsequent
          employment  with  the state or a municipal corporation without diminu-
          tion of retirement benefits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  212 of the retirement and social security law is
     2  amended by adding a new subdivision 4 to read as follows:
     3    4. Notwithstanding the provisions of subdivisions one and two of  this
     4  section,  the  earning limitations established by this section shall not
     5  apply to any person who, prior to the effective date  of  this  subdivi-
     6  sion,  has  filed and received approval for such filed notice of partic-
     7  ipation in World Trade Center rescue, recovery or cleanup operations, as
     8  defined in section two of this chapter, has retired from public  employ-
     9  ment,  receives  a service retirement allowance from such public retire-
    10  ment system and seeks subsequent employment with the state or a  munici-
    11  pal  corporation;  provided, however, the provisions of this subdivision
    12  shall not apply to a person who retired  with  a  disability  retirement
    13  benefit.
    14    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07545-14-0
        A. 7132--C                          2

          This  bill  will  allow  service  retirees  who  previously  filed and
        received approval for notice of  participation  in  World  Trade  Center
        rescue,  recovery or cleanup operations and become subsequently employed
        with the state or a municipal corporation to be exempt from the earnings
        limitations  set  forth  in section two hundred twelve. These provisions
        shall not apply to disability retirees.
          If this bill is enacted, we expect few retirees to be affected.  There
        would  be  negligible additional annual costs. However, if large numbers
        of retirees are hired into such positions,  there  would  be  additional
        annual  costs  which would be shared by the state of New York and all of
        the participating employers in the System.
          Summary of relevant resources:
          The membership data used in  measuring  the  impact  of  the  proposed
        change  was  the same as that used in the March 31, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
        Assumptions,  and  the  Codes, Rules and Regulations of the State of New
        York: Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2019
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  January  28,  2020,  and intended for use only
        during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-25,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.