Bill Text: NY S01947 | 2021-2022 | General Assembly | Introduced
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 (Republican 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S01947 Detail]
Download: New_York-2021-S01947-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1947 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sens. AKSHAR, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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. LBD04289-01-1S. 1947 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.