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.
STATE OF NEW YORK
________________________________________________________________________
9300
IN ASSEMBLY
February 23, 2022
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Governmental Employees
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
24 serving as a local police officer after retirement from the state
25 police.
26 § 4. Section 212 of the retirement and social security law is amended
27 by adding a new subdivision 4 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10131-01-1
A. 9300 2
1 4. Notwithstanding the provisions of subdivisions one and two of this
2 section, the superintendent of state police may determine, pursuant to
3 section two hundred eleven of this article, that such earnings limita-
4 tions shall not apply to a retired state police officer employed by a
5 local police department as a police officer.
6 § 5. This act shall take effect immediately.
