BILL NUMBER: S9576

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
increasing the earning limitations for retired law enforcement officers;
and providing for the repeal of such provisions upon the expiration
thereof

 
PURPOSE:

To recruit and retain retired law enforcement officers to reduce the
financial burden on municipalities and school districts, draw from the
invaluable wealth of knowledge and experience of those officers, and
provide the next generation of law enforcement officers the guidance to
develop the skills necessary to run law enforcement operations at the
highest standard of excellence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Section 212 of the Retirement and Social Security Law
              

by adding a new subdivision 4 that increases the current earnings limi-
tation for law enforcement officers employed in law enforcement posi-
tions in New York State from S35,000 to S65,000. Section 2: Sets effec-
tive date and the expiration date of the increased earnings limitation
provided in this bill.

 
JUSTIFICATION:

Throughout New York State, municipalities school districts are reporting
significant challenges with recruiting and retaining retired law
enforcement o ers that possess the wealth of knowledge and experience
necessary to successfully execute law enforcement functions such as
running a police department or serving as a school resource officer
("SRO") special patrol officer ("SPO'"), or investigator for a district
attorney's office. One of the primary reasons leading to those chal-
lenges is the current cap on earnings limitations set in Section 212 of
the Retirement and Social Security ("RSSL"). Currently, RSSL sets the
earnings limitation on retired law enforcement officers performing law
enforcement functions in New York State at $35,000. Upon reaching that
threshold, retired officers can no longer draw from their New York State
retirement thereby sincentrizing retired officers from serving in law
enforcement roles post retirement. Exacerbating this issue, states
throughout the Country provide retired law enforcement the ability to
earn competitive salaries without diminishing their to draw from their
retirement thereby leading to an exodus of qualified talent to those
states. Increasing the cap set in RSSL will allow municipalities and
school districts to reduce payroll costs and assist in the recovery from
the effects of the COVID-19 pandemic. Specifically, by increasing the
cap, muracipalities and school districts will be able to continue
providing law enforcement operations and quality-of-life programs that
impact their communities without increasing the local tax rate. Further,
the increase will significantly reduce potential exposure to liability
concerns by assuring the execution of proper policies, procethu-es, and
police reform protocols. For example, municipalities that hire retired
officers to serve as police chiefs reduce their costs in running their
police departments by reducing the entry-level salary for chiefs, elimi-
nating the need to provide health care, and eliminating the requirement
to pay a contribution to the New York State Retirement System. Similar-
ly, school districts would benefit from an increase in the cap as it
would incentivize the use of SRO's, and in turn, reduce the costs asso-
ciated with contracting professional security firms and police depart-
ments for the use of active duty officers. Therefore, it is imperative
to increase the cap set in RSSL from $35,000 to $65,000 over the next
five years to recruit and retain invaluable talent, reduce the financial
burden on municipalities and school districts, draw from the invaluable
wealth of knowledge and experience of retired officers, and provide the
next generation of law enforcement officers the guidance to develop the
skills necessary to run law enforcement operations at the highest stand-
ard of excellence.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To Be Determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2028.