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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 10, 2019
                                       ___________

        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
          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  211 of the retirement and social security law is
     2  amended by adding a new subdivision 9 to read as follows:
     3    9. Notwithstanding any other law, rule or regulation to the  contrary,
     4  any person who, prior to the effective date of this subdivision, filed a
     5  notice of participation in World Trade Center rescue, recovery or clean-
     6  up  operations,  as  defined  in  section  two  of this chapter, who has
     7  retired from public employment, is  entitled  to  receive  a  retirement
     8  allowance  from  a public retirement system and seeks subsequent employ-
     9  ment with the state or a municipal corporation  shall  automatically  be
    10  deemed  to have been granted a waiver of the retirement earnings limita-
    11  tion established by this section and may be employed by the state  or  a
    12  municipal  corporation  without loss, suspension or diminution of his or
    13  her retirement allowance; provided,  however,  the  provisions  of  this
    14  subdivision  shall not apply to a person who retired as an accidental or
    15  ordinary disability retirement.
    16    § 2. Section 212 of the retirement and social security law is  amended
    17  by adding a new subdivision 4 to read as follows:
    18    4.  Notwithstanding the provisions of subdivisions one and two of this
    19  section, the earning limitations established by this section  shall  not
    20  apply  to  any  person who, prior to the effective date of this subdivi-
    21  sion, filed a notice of participation  in  World  Trade  Center  rescue,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07545-09-9
        A. 7132--A                          2

     1  recovery  or cleanup operations, as defined in section two of this chap-
     2  ter, has retired from public employment, receives a retirement allowance
     3  from such public retirement system and seeks subsequent employment  with
     4  the  state or a municipal corporation; provided, however, the provisions
     5  of this subdivision shall not apply to a person who retired as an  acci-
     6  dental or ordinary disability retirement.
     7    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would add Subdivision 9 of Section 211 and Subdivision 4 of
        Section 212 of the Retirement and Social Security Law to waive the earn-
        ings limitation for retired members who filed notice of  having  partic-
        ipated  in  the World Trade Center rescue, recover or cleanup operations
        prior to the effective date of these subdivisions. Such members  achiev-
        ing  subsequent  employment  with  the  state or a municipal corporation
        would be able to retire without diminution of their  benefits.  However,
        provisions  of these subdivisions would not apply to members retired for
        accidental or ordinary disability. This act shall take effect immediate-
        ly.
          The annual cost to the employers of members  of  the  New  York  State
        Teachers'  Retirement  System is estimated to be negligible if this bill
        is enacted.
          Member data is from  the  System's  most  recent  actuarial  valuation
        files,  consisting  of  data provided by the employers to the Retirement
        System.  Data distributions and statistics can be found in the  System's
        Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
        reported in the System's financial statements, and can also be found  in
        the CAFR. Actuarial assumptions and methods are provided in the System's
        Actuarial Valuation Report.
          The  source  of this estimate is Fiscal Note 2019-14 dated February 4,
        2019 prepared by the Actuary of the New York State Teachers'  Retirement
        System and is intended for use only during the 2019 Legislative Session.
        I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
        Retirement System. I am a member of the American  Academy  of  Actuaries
        and  I meet the Qualification Standards of the American Academy of Actu-
        aries to render the actuarial opinion contained herein.