Bill Text: NY S05499 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 5499 (Prior Session Legislation)

Introduced

Bill Title: Allows retired state police officers to serve as police officers for local police departments without diminution of retirement benefits; empowers the superintendent of state police to approve such service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05499 Detail]

Download: New_York-2021-S05499-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          5499

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 9, 2021
                                       ___________

        Introduced  by  Sen.  O'MARA -- 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
          allowing retired state police officers to serve as police officers for
          local police departments without diminution of retirement benefits

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

     1    Section 1. Subparagraph 7 of paragraph (a) of subdivision 2 of section
     2  211 of the retirement and social security law, as amended by chapter 840
     3  of the laws of 1983, is amended and a new subparagraph  8  is  added  to
     4  read as follows:
     5    (7)  the  chief  administrator  of  the courts if such person is to be
     6  employed in a judicial or nonjudicial  position  in  the  unified  court
     7  system[.]; or
     8    (8)  the  superintendent  of  state police, if such person is a former
     9  state police officer to be employed as a  police  officer  for  a  local
    10  police department.
    11    §  2.  Subparagraph 2 of paragraph (b) of subdivision 2 of section 211
    12  of the retirement and social security law, as amended by chapter 640  of
    13  the laws of 2008, is amended to read as follows:
    14    (2)  that  he  or  she will earn more than one thousand dollars in one
    15  year,  including  compensation  earned  in  such  position  under  other
    16  provisions  of  this  article  that  there are not readily available for
    17  recruitment persons qualified to perform the duties  of  such  position;
    18  and [(4)][;]
    19    §  3. Section 211 of the retirement and social security law is amended
    20  by adding a new subdivision 9 to read as follows:
    21    9. For purposes of paragraph (b) of subdivision one of this section, a
    22  retired person who served as a police officer for the division of  state
    23  police  is not in service of a former employer if such retired person is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10131-01-1

        S. 5499                             2

     1  serving as a local  police  officer  after  retirement  from  the  state
     2  police.
     3    §  4. Section 212 of the retirement and social security law is amended
     4  by adding a new subdivision 4 to read as follows:
     5    4. Notwithstanding the provisions of subdivisions one and two of  this
     6  section,  the  superintendent of state police may determine, pursuant to
     7  section two hundred eleven of this article, that such  earnings  limita-
     8  tions  shall  not  apply to a retired state police officer employed by a
     9  local police department as a police officer.
    10    § 5. This act shall take effect immediately.