NY State Senate Bill 2009-S2224

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2010	print number 2224a
Jan 15, 2010	amend and recommit to civil service and pensions
Jan 06, 2010	referred to civil service and pensions
Feb 13, 2009	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2009-S2224 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§102, & 402, R & SS L

2009-S2224 - Summary

Relates to certified school counselors and the recovery of disability beneficiaries.

2009-S2224 - Sponsor Memo

                                 BILL NUMBER:  S2224

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
certified school counselors and the recovery of disability
beneficiaries


 PURPOSE :
This bill would relate to certified school counselors and the recovery
of disability beneficiaries.

 SUMMARY OF PROVISIONS :
Sections one and two of this bill add a new subdivision e-2 to section
102 of the retirement and social security law to allow a retiree of
the New York state and local employees' retirement system, and
subdivision f-2 to section 402, for retirees of the New York state and
local police and fire retirement system, who are retired on disability
allowance, are certified school counselors in this state and who
return to gainful employment as a school counselor at the elementary
and secondary school level in this state to continue to receive the
full amount of his or her retirement allowance.

Section three provides for an immediate effective date.

 JUSTIFICATION :

Under the current law, a "retired person" may not return to public
service without loss, suspension or diminution of their retirement
allowance. Narrow exceptions to this general prohibition are provided
by sections 102 and 402 of the RSSL. While existing exceptions provide
some opportunity for employers to hire retirees, this is not the case
in most instances. As a result, the public may be denied the
opportunity to have qualified, experienced individuals serve in such
positions. At present, career public servants of the state and local
government, who have dedicated their lives to improving the quality of
life for all New Yorkers, are precluded in most instances from
returning to public service. However, retirees from the private
sector, or from the public service in other states or federal level,
have no such limitations. Current law discriminates against
individuals based solely on their commitment to state and local public
service, regardless of qualifications. This bill seeks to enlarge the
pool of prospective school counselors in this state by allowing a
disabled retired public employee who is certified as a school
counselor in our public school system to do so without any earnings
limitations as currently set forth in Sections 102 and 402 of the
RSSL.

 LEGISLATIVE HISTORY :
S.4624-B/A.11078 - Senate Civil Service and Pensions Committee;
Assembly Governmental Employees Committee.

 FISCAL IMPLICATIONS :
Negligible.

 EFFECTIVE DATE :
Immediate.

2009-S2224 - Bill Text download pdf

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

                                  2224

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- 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
  certified  school  counselors and the recovery of disability benefici-
  aries

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

  Section  1.  Section  102 of the retirement and social security law is
amended by adding a new subdivision e-2 to read as follows:
  E-2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY  OTHER
PROVISION  OF  LAW, A RETIREE OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO IS RETIRED ON A DISABILITY  ALLOWANCE,  WHO  IS  A
CERTIFIED  SCHOOL  COUNSELOR  IN  THIS  STATE AND WHO RETURNS TO GAINFUL
EMPLOYMENT AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR  SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF     HIS     OR    HER    RETIREMENT    ALLOWANCE,    INCLUDING    THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
  S 2. Section 402 of the retirement and social security law is  amended
by adding a new subdivision f-2 to read as follows:
  F-2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, A RETIREE OF THE NEW YORK STATE AND LOCAL  POLICE  AND
FIRE  RETIREMENT SYSTEM WHO IS RETIRED ON A DISABILITY ALLOWANCE, WHO IS
A CERTIFIED SCHOOL COUNSELOR IN THIS STATE AND WHO  RETURNS  TO  GAINFUL
EMPLOYMENT  AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF    HIS    OR    HER    RETIREMENT    ALLOWANCE,     INCLUDING     THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  Sections  102  and 402 of the Retirement and
Social Security Law to allow certain  disability  retirees  to  work  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03880-02-9

S. 2224                             2

certified  school  counselors  and  continue to receive their disability
retirement benefit.
  If  this bill is enacted, insofar as it will affect the New York State
and Local Employees' Retirement System and the New York State and  Local
Police  and  Fire  Retirement  System,  we  expect  few  retirees  to be
affected. There would be negligible additional annual costs.
  This estimate, dated February 9,  2009,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note No. 2009-147,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement  System  and  the  New  York  State and Local Police and Fire
Retirement System.

2009-S2224A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§102, & 402, R & SS L

2009-S2224A (ACTIVE) - Summary

Relates to certified school counselors and the recovery of disability beneficiaries.

2009-S2224A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2224A

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
certified school counselors and the recovery of disability
beneficiaries


 PURPOSE :
This bill would relate to certified school counselors and the recovery
of disability beneficiaries.

 SUMMARY OF PROVISIONS :
Section One and two of this bill adds a new subdivision e-2 to Section
102 of the retirement and social security law to allow a retiree of
the New York state and local employees' retirement system and
subdivision f-2 to Section 402, for retirees of the New York state and
local employees' retirement system, who are retired on disability
allowance, are certified school counselors in this state and who
return to gainful employment as a school counselor at the elementary
and secondary school level in this state to continue to receive the
full amount of his or her retirement allowance. Section Three provides
for an immediate effective date.

 JUSTIFICATION :
Under current law, a "retired person" may not return to public service

without loss, suspension or diminution of their retirement allowance.
Narrow exceptions to this general prohibition are provided by sections
102 and 402 of the RSSL. While existing exceptions provide some
opportunity for employers to hire retirees, this is not the case in
most instances. As a result the public may be denied the opportunity
to have qualified, experienced individuals serve in such positions. At
present, career public servants of the state and local government, who
have dedicated their lives to improving the quality of life for all
New Yorkers, are precluded in most instances from returning to public
service. However, retirees from the private sector, or from the public
service in other states or federal level, have no such limitations.
Current law discriminates against individuals based solely on their
commitment to state and local public service, regardless of
qualifications. This bill seeks to enlarge the pool of prospective
school counselors in this state by allowing a disabled retired public
employee who is certified as a school counselor in our public school
system to do so without any earnings limitations as currently set
forth in Sections 102 and 402 of the RSSL.

 LEGISLATIVE HISTORY :
2009 Civil Service and Pensions Committee

 FISCAL IMPLICATIONS :
If this bill is enacted, insofar as it will affect the New York State
and Local Employees' Retirement System and the New York State and
Local Police and Fire Retirement System, the Actuary for the State of
New York retirement systems expects few retirees to be affected.
There would be negligible additional annual costs. (Fiscal Note
2010-69)

 EFFECTIVE DATE :
Immediate.

2009-S2224A (ACTIVE) - Bill Text download pdf

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

                                 2224--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  certified school counselors and the recovery of  disability  benefici-
  aries

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

  Section 1. Section 102 of the retirement and social  security  law  is
amended by adding a new subdivision e-2 to read as follows:
  E-2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, A RETIREE OF THE NEW YORK STATE AND  LOCAL  EMPLOYEES'
RETIREMENT  SYSTEM  WHO  IS  RETIRED ON A DISABILITY ALLOWANCE, WHO IS A
CERTIFIED SCHOOL COUNSELOR IN THIS STATE  AND  WHO  RETURNS  TO  GAINFUL
EMPLOYMENT  AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF    HIS    OR    HER    RETIREMENT    ALLOWANCE,     INCLUDING     THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
  S  2. Section 402 of the retirement and social security law is amended
by adding a new subdivision f-2 to read as follows:
  F-2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY  OTHER
PROVISION  OF  LAW, A RETIREE OF THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM WHO IS RETIRED ON A DISABILITY ALLOWANCE, WHO  IS
A  CERTIFIED  SCHOOL  COUNSELOR IN THIS STATE AND WHO RETURNS TO GAINFUL
EMPLOYMENT AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR  SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF     HIS     OR    HER    RETIREMENT    ALLOWANCE,    INCLUDING    THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03880-04-0

S. 2224--A                          2

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  Sections  102  and 402 of the Retirement and
Social Security Law to allow certain  disability  retirees  to  work  as
certified  school  counselors  and  continue to receive their disability
retirement benefit.
  If this bill is enacted, insofar as it will affect the New York  State
and  Local Employees' Retirement System and the New York State and Local
Police and  Fire  Retirement  System,  we  expect  few  retirees  to  be
affected. There would be negligible additional annual costs.
  This  estimate,  dated  January  11,  2010,  and intended for use only
during the  2010  Legislative  Session,  is  Fiscal  Note  No.  2010-69,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.

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Senate Bill S2224

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

2009-S2224 - Details

2009-S2224 - Summary

2009-S2224 - Sponsor Memo

2009-S2224 - Bill Text download pdf

2009-S2224A (ACTIVE) - Details

2009-S2224A (ACTIVE) - Summary

2009-S2224A (ACTIVE) - Sponsor Memo

2009-S2224A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2224

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

2009-S2224 - Details

2009-S2224 - Summary

2009-S2224 - Sponsor Memo

2009-S2224 - Bill Text download pdf

2009-S2224A (ACTIVE) - Details

2009-S2224A (ACTIVE) - Summary

2009-S2224A (ACTIVE) - Sponsor Memo

2009-S2224A (ACTIVE) - Bill Text download pdf

Comments