Bill Text: NY S04297 | 2019-2020 | 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) 2019-03-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04297 Detail]

Download: New_York-2019-S04297-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 6, 2019
        Introduced  by Sens. AKSHAR, ORTT -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Civil  Service  and
        AN  ACT  to amend the retirement and social security law, in relation to
          employment of retired persons without diminution of retirement  allow-
          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.

        S. 4297                             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.