Bill Text: NY S03455 | 2019-2020 | General Assembly | Introduced

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Bill Title: Limits annual earnings for retired police officers that work as school security officers to $50,000.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03455 Detail]

Download: New_York-2019-S03455-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3455
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 7, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- 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
          annual earnings limitations for retired police officers
          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, such annual earnings limitations for a retired  police  officer
     5  employed  by  a  school  district  or a board of cooperative educational
     6  services, in either the classified or unclassified service as  a  school
     7  resource  officer, school safety officer, school security officer or any
     8  other substantially similar position  or  office  that  is  designed  to
     9  provide  safety  and/or  security  on school grounds, provided that such
    10  retired police officer is duly qualified, competent and  physically  fit
    11  for  performance  of the duties of the position in which he or she is to
    12  be employed as determined by the school district or board of cooperative
    13  educational services and is properly certified where such  certification
    14  is  required,  shall be fifty thousand dollars for the year two thousand
    15  nineteen and thereafter.
    16    § 2. This act shall take effect immediately.
          FISCAL NOTE: Insofar as this bill will affect the New York  State  and
        Local  Police  and  Fire  Retirement System (PFRS), this bill will allow
        retired police officers who are employed  by  a  school  district  as  a
        school  resource officer, school safety officer, school security officer
        or any other substantially similar position with  an  annual  salary  of
        $50,000  or  less and continue to receive their full retirement benefit.
        Currently, the salary limit is $30,000.
          If this bill is enacted, we expect few retirees to be affected.  There
        would  be  negotiable additional annual costs. However, if large numbers
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01127-03-9
        S. 3455                             2
        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 PFRS.
          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, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        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 the legal opinion on the viabil-
        ity of the proposed change nor is it intended to serve as  a  substitute
        for the professional judgement of an attorney.
          This  estimate, date January 9, 2019, and intended for use only during
        the 2019 Legislative Session, is Fiscal Note No.  2019-18,  prepared  by
        the Actuary for the New York State and Local Retirement System.