BILL NO A04856A
SAME AS SAME AS S03749-A
COSPNSR Montesano, Graf, Corwin, Raia, Colton, Paulin, Skoufis, Skartados
MLTSPNSR Cook, Crouch, Duprey, McLaughlin, Stec, Walter
Amd S212, R & SS L
Eliminates the earnings limitation for retired police officers employed as
school resource officers.
TITLE OF BILL: An act to amend the retirement and social security
law, in relation to the limitation for retired police officers
employed as school resource officers
PURPOSE: Removes the earnings limitation for retired police officers
while employed as school resource officers or school safety officers
or other substantially similar positions.
SUMMARY OF PROVISIONS:
Section 1: Subdivision 3 of section 212 of the retirement and social
security law is amended to address the employment of retired police
officers as school resource officers or school safety officers or
other substantially similar positions.
JUSTIFICATION: Retired police officers are well-qualified to protect
our students as school resource officers. Currently, retired public
employees must apply for a "211 Waiver" in order to earn more than
$30,000 per year. This process, can often become burdensome. The cap
on earnings can deter those best qualified to protect our children
from becoming school resource officers. This bill would allow school
districts to hire retired police officers without needing a "211
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: This bill would remove earnings limitations for
certain employees of a school district, however this is not a mandate
for districts to increase salaries.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
February 11, 2013
Introduced by M. of A. GUNTHER, MONTESANO, GRAF, CORWIN, RAIA, COLTON,
BOYLAND, PAULIN, SKOUFIS -- Multi-Sponsored by -- M. of A. COOK,
CROUCH, DUPREY, McLAUGHLIN, STEC, WALTER -- read once and referred to
the Committee on Governmental Employees -- recommitted to the Commit-
tee on Governmental Employees in accordance with Assembly Rule 3, sec.
2 -- 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
the limitation for retired police officers employed as school resource
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 212 of the retirement and social
2 security law, as added by section 1 of part Y of chapter 55 of the laws
3 of 2013, is amended to read as follows:
4 3. Notwithstanding the provisions of subdivisions one and two of this
5 section, [the commissioner of education may determine, pursuant to
6 section two hundred eleven of this article, that] such earnings limita-
7 tions shall not apply to a retired police officer employed by a school
8 district IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE as a school
9 resource officer, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
10 OTHER SUBSTANTIALLY SIMILAR POSITION OR OFFICE THAT IS DESIGNED TO
11 PROVIDE SAFETY AND/OR SECURITY ON SCHOOL GROUNDS, PROVIDED THAT SUCH
12 RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND PHYSICALLY FIT
13 FOR PERFORMANCE OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
14 BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT AND IS PROPERLY CERTI-
15 FIED WHERE SUCH CERTIFICATION IS REQUIRED.
16 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.