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S04438 Summary:

Add §214-c, R & SS L
Authorizes retired firefighters to be employed as fire science instructors by career and technical education centers without a reduction of their retirement benefits.
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S04438 Text:

                STATE OF NEW YORK
            Cal. No. 861
                               2021-2022 Regular Sessions
                    IN SENATE
                                    February 4, 2021
        Introduced by Sens. SKOUFIS, HELMING, JACKSON, MARTUCCI, RITCHIE -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Civil Service and Pensions -- recommitted to the  Commit-
          tee  on  Civil  Service and Pensions in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee and committed to  the
          Committee  on  Finance  --  reported  favorably  from  said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the retirement and social security law, in  relation  to
          authorizing retired firefighters to be employed as instructors of fire
          sciences by a career and technical education center without diminution
          of his or her retirement benefits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 214-c to read as follows:
     3    § 214-c. Employment of certain retired persons who retired  from  fire
     4  service.   Notwithstanding   the  provisions  of  this  chapter  or  the
     5  provisions of any state or local law or  charter  to  the  contrary,  no
     6  retired person who retired from fire service as a member of the New York
     7  state  and  local police and fire retirement system or the New York fire
     8  department pension fund, and who is employed by a career  and  technical
     9  education  center as an instructor in a fire science program approved by
    10  the education department, shall have his or her retirement allowance  or
    11  benefits  suspended  or  reduced  because of compensation earned by such
    12  retired person from service as a fire science instructor.
    13    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow retirees from  the  New  York  State  and  Local
        Police  and  Fire Retirement System or the New York City Fire Department
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4438--A                          2
        Pension Fund retired from  fire  service  to  work  as  a  fire  science
        instructor  in  a  program  approved by the New York State Department of
        Education and to continue to receive their retirement benefit.
          If  this bill is enacted, insofar as it will affect the New York State
        and Local Police and Fire Retirement System, we expect few  retirees  to
        be affected. Any additional annual costs will therefore be negligible.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
        the Codes, Rules and Regulations of the State of  New  York:  Audit  and
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        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 May 11, 2022, and intended for  use  only  during
        the  2022  Legislative Session, is Fiscal Note No. 2022-128, prepared by
        the Actuary for the New York State and Local Retirement System.
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