Relates to permitting employment of retired police, firefighters and EMTs without diminution of retirement allowance for periods in excess of two years.
STATE OF NEW YORK
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4297
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
Pensions
AN ACT to amend the retirement and social security law, in relation to
employment of retired persons without diminution of retirement allow-
ance
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.
LBD07915-01-9
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.