Relates to annual earnings limitations for retired police officers employed by a police department as part-time police officers or by a school district as school resource officers.
STATE OF NEW YORK
________________________________________________________________________
8459
2019-2020 Regular Sessions
IN ASSEMBLY
July 8, 2019
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
annual earnings limitations for retired police officers employed by a
police department as part-time police officers or by a school district
as school resource 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 police department as a part-time police officer or a
6 retired police officer employed by a school district in either the clas-
7 sified or unclassified service as a school resource officer, school
8 safety officer, school security officer or any other substantially simi-
9 lar position or office that is designed to provide safety and/or securi-
10 ty on school grounds, provided that such retired police officer is duly
11 qualified, competent and physically fit for performance of the duties of
12 the position in which he or she is to be employed as determined by the
13 school district and is properly certified where such certification is
14 required, shall be $65,000 for the year two thousand nineteen and there-
15 after.
16 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
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 police department as a part-time police
officer or 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 or office that is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13050-02-9
A. 8459 2
designed to provide safety and/or security on school grounds with an
annual salary of $65,000 or less to continue to receive their full
retirement benefit. Currently, retired police officers employed by a
school district as a school resource officer are allowed to earn up to
$30,000 and receive their full retirement benefit.
If this bill is enacted, we expect few retirees to be affected. There
would be negligible additional annual costs. However, if large numbers
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 a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated June 7, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-135, prepared by
the Actuary for the New York State and Local Retirement System.
