senate Bill S3712

Relates to exempting uniformed members of emergency services from limitations on post-retirement reemployment

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 06 / May / 2013
    • 1ST REPORT CAL.529
  • 07 / May / 2013
    • 2ND REPORT CAL.
  • 08 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Relates to exempting uniformed members of emergency services from limitations on post-retirement reemployment.

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Bill Details

See Assembly Version of this Bill:
A7016
Versions:
S3712
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง211, R & SS L
Versions Introduced in 2011-2012 Legislative Cycle:
S7413, A9922

Votes

9
1
9
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S3712

TITLE OF BILL: An act to amend the retirement and social security law,
in relation to exempting uniformed members of emergency services from
limitations on post-retirement reemployment

PURPOSE: To exempt uniformed members of emergency services who have
previously received approval for post-retirement reemployment from the
limitations on post-retirement reemployment.

SUMMARY OF PROVISIONS:

Section one amends section 211 of the retirement and social security law
by adding the new subdivision 9. This subdivision exempts uniformed
members of an emergency service, such as police, firefighters, emergency
medical technicians, and members of a certified emergency response team,
who have previously secured post-retirement reemployment approval from
the requirements of existing law when seeking post-retirement reemploy-
ment in any position to which the section applies.

Section two provides that this act shall take effect immediately.

EXISTING LAW: Currently, an employer wishing to hire a retiree must
submit a request for a section 211 waiver prior to hiring the retiree.
Waivers last for a period of two years, after which the employer must
submit a new section 211 waiver for the reemployed retiree whose section
211 waiver is about to expire.

JUSTIFICATION: This legislation allows employers flexibility by allow-
ing them to internally issue section 211 waivers for retired uniformed
members of an emergency service who have previously secured a section
211 waiver. Positions for uniformed members of an emergency service are
often difficult to fill. When a former position holder retirees, this
difficulty is heightened because a new employee may not have the same
breadth of knowledge in relation to the job as the former employee.

The 211 waiver currently allows employees who receive a pension to
return to work after they reach their retirement qualifications. This
legislation would simply cut through the red tape of the process by
permitting the issuance of these waivers from those who are more know-
ledgeable of the position's needs and understand how they can best be
fulfilled. By allowing for the issuance of in house waivers, the proc-
ess becomes more efficient and insures a more apt workforce.

LEGISLATIVE HISTORY: 2012: S.7413 - Civil Service and Pensions 2012:
A.9922 - Governmental Employees

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3712

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
  exempting  uniformed members of emergency services from limitations on
  post-retirement reemployment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  211 of the retirement and social security law is
amended by adding a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SECTION,  ANY  UNIFORMED
MEMBER  OF  AN EMERGENCY SERVICE, SUCH MEMBERS INCLUDING BUT NOT LIMITED
TO, POLICE, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS OR A MEMBER OF A
CERTIFIED EMERGENCY RESPONSE  TEAM,  WHO  HAS  PREVIOUSLY  BEEN  GRANTED
APPROVAL  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION, SHALL BE EXEMPT
FROM THE REQUIREMENTS OF THIS SECTION WHEN SEEKING POST-RETIREMENT REEM-
PLOYMENT IN ANY POSITION TO WHICH THIS  SECTION  APPLIES  SUBSEQUENT  TO
SECURING SUCH PREVIOUS APPROVAL.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07378-01-3

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