NY State Senate Bill 2009-S7452

Senate Bill S7452

Signed By Governor

2009-2010 Legislative Session

Relates to the re-employment of retired persons by the board of higher education of the city of New York

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.299
Jul 19, 2010	delivered to governor
Jun 22, 2010	returned to senate passed assembly ordered to third reading rules cal.275 substituted for a11383 referred to ways and means delivered to assembly passed senate
Jun 07, 2010	amended on third reading 7452a
May 25, 2010	advanced to third reading
May 24, 2010	2nd report cal.
May 18, 2010	1st report cal.593
Apr 12, 2010	referred to civil service and pensions

Votes

- Jun 22, 2010 - Floor Vote
  S7452
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2010
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Foley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (4)
      
      Flanagan
      
      Griffo
      
      Maziarz
      
      Ranzenhofer
      
      excused (1)
      
      Morahan
  May 18, 2010 - Civil Service And Pensions Committee Vote
  S7452
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 18, 2010
      
      aye (11)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Huntley
      
      Lanza
      
      Leibell
      
      Perkins
      
      Robach
      
      Savino
      
      Thompson
      
      aye wr (1)
      
      Hannon

Bill Amendments

Original

A (Active)

2009-S7452 - Details

Law Section:: Retirement and Social Security Law

2009-S7452 - Summary

Relates to the re-employment of retired persons by the board of higher education of the city of New York.

2009-S7452 - Sponsor Memo

                                 BILL NUMBER:  S7452

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
re-employment of retired persons by the board of higher education of
the city of New York


 SUMMARY OF PROVISIONS :
This bill would amend subparagraphs (3) and (5) of paragraph (a) of
subdivision 2 of § 211 of the Retirement and Social Security Law
("RSSL") to authorize the Board of Higher Education of the City of New
York ("CUNY"), in place of the City's Department of Citywide
Administrative Services ("DCAS"), to make the determination whether a
retiree may be employed in positions of public service at CUNY without
a suspension or diminution of their retirement benefits.  These
subparagraphs are among the seven set forth in RSSL § 211(2)(a) that
delineate which officers or government entities are authorized to give
such approval. Paragraph (3) currently designates the "municipal civil
service commission of the city of New York", which is now DCAS
(formerly the City's Department of Personnel ("DOP")), as the body
authorized to determine whether a retiree can work in a classified
service position in either the Board of Education (now known as the
New York City Department of Education, or "DOE") or CUNY. Subparagraph
(5) now provides that CUNY is the entity that grants such permission
to persons seeking positions in the unclassified service of CUNY.

 REASONS FOR SUPPORT :
Section 150 of the New York State Civil Service Law and § 1117 of the
New York City Charter provide, as a general rule, that a person
retired from public service shall have his or her pension suspended
during any subsequent period of re-employment in public service.
Exceptions to this general rule, however, are provided by RSSL §§ 211
and 212. Those sections permit re-employment in public service without
diminution or suspension of a retiree's pension in certain
well-defined instances and only after compliance with strict
guidelines and procedures.

One such exception specified by RSSL § 211 provides that where a
prospective public employer can make a compelling case for employing a
retired person, such person can be re-employed with only a reduction
of - as opposed to the suspension of - his or her pension or, in some
cases, with no reduction at all. In accordance with RSSL § 211(2),
requests for these exemptions must be presented to one of seven
officers or entities in New York State.

RSSL § 211(2)(a)(3) currently specifies that prospective re-employment
with the City of New York or the classified services (that is,
non-pedagogical staffs) of either DOE or CUNY must be reviewed by
DCAS, the City's municipal civil service commission. With respect to
City employment and employment in the non-pedagogical staff of DOE,
DCAS's responsibility to review such requests is appropriate. As the
municipal commission for these entities, DCAS administers the civil
service system for them, including classifying their civil service
titles, administering civil service examinations for competitive class
title, and certifying the names of eligible candidates to fill
vacancies in positions. Moreover, until 1988, this responsibility was
appropriate with respect to reemployment with CUNY, because, until
1988, the City's DOP also served as the municipal civil service
commission for CUNY. In 1988, however, the Board of Trustees of CUNY
was authorized to establish its own civil service commission, separate
and independent from DOP. The Board appointed the first Commission in
1989, and adopted the Rules and Regulations of the Civil Service
Commission on July 18,1989. CUNY's creation of its own independent
municipal civil service commission meant that it was no longer under
the jurisdiction of DOP. Despite this significant change, however, the
language in RSSL § 211 was not similarly changed; consequently, DCAS
still approves approximately two new waivers and, on the average,
three § 211 waiver renewals for CUNY each year. This bill would change
the law as it is currently written to exclude CUNY from the list of
entities for which DCAS will consider requests for § 211 waivers.

Because this review for re-employment in public service still must be
conducted by some entity, this bill also contains a corresponding
proposed amendment to subparagraph (5) of RSSL § 211(2)(a), which
would give CUNY the authority to evaluate waivers for retired persons
seeking re-employment in its own classified service, in addition to
the waivers it already evaluates for re-employment in its unclassified
service. Such change reflects the proposed amendment to subparagraph
(3) above, and vests in CUNY the authority to review all waiver
requests for its own prospective employees.

In view of the fact that CUNY is no longer under the jurisdiction of
DCAS for the administration of its civil service, it no longer makes
legal or operational sense to require that DCAS evaluate CUNY requests
for retired persons to return to its service without a suspension or
diminution of existing pension benefits.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

 EFFECTIVE DATE :
Immediately.

2009-S7452 - Bill Text download pdf

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

                                  7452

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- 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
  re-employment  of  retired persons by the board of higher education of
  the city of New York

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

  Section 1. Subparagraph 3 of paragraph (a) of subdivision 2 of section
211 of the retirement and social security law, as amended by chapter 753
of the laws of 1976, is amended to read as follows:
  (3)  the municipal civil service commission of the city of New York if
such person is to be employed in a position in the service of  the  city
of  New  York or in the classified service in the board of education [or
board of higher education] of such city; or
  S 2. Subparagraph 5 of paragraph (a) of subdivision 2 of  section  211
of  the retirement and social security law, as amended by chapter 753 of
the laws of 1976, is amended to read as follows:
  (5) the board of higher education of the city  of  New  York  if  such
person is to be employed in the CLASSIFIED OR unclassified service under
the board of higher education of the city of New York; or
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16584-01-0

2009-S7452A (ACTIVE) - Details

Law Section:: Retirement and Social Security Law

2009-S7452A (ACTIVE) - Summary

Relates to the re-employment of retired persons by the board of higher education of the city of New York.

2009-S7452A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7452A

TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
re-employment of retired persons by the board of higher education of the
city of New York

SUMMARY OF PROVISIONS:
This bill would amend subparagraphs (3) and (5) of paragraph (a) of
subdivision 2 of § 211 of the Retirement and Social Security Law
("RSSL") to authorize the Board of Higher Education of the City of New
York ("CUNY"), in place of the City's Department of Citywide Administra-
tive Services ("DCAS"), to make the determination whether a retiree may
be employed in positions of public service at CUNY without a suspension
or diminution of their retirement benefits.  These subparagraphs are
among the seven set forth in RSSL § 211(2) (a) that delineate which
officers or government entities are authorized to give such approval.
Paragraph (3) currently designates the "municipal civil service commis-
sion of the city of New York", which is now DCAS (formerly the City's
Department of Personnel ("DOP")), as the body authorized to determine
whether a retiree can work in a classified service position in either
the Board of Education (now known as the New York City Department of
Education, or "DOE") or CUNY. Subparagraph (5) now provides that CUNY is
the entity that grants such permission to persons seeking positions in
the unclassified service of CUNY.

REASONS FOR SUPPORT:
Section 150 of the New York State Civil Service Law and § 1117 of the
New York City Charter provide, as a general rule, that a person retired
from public service shall have his or her pension suspended during any
subsequent period of re-employment in public service.  Exceptions to
this general rule, however, are provided by RSSL §§ 211 and 212. Those
sections permit re-employment in public service without diminution or
suspension of a retiree's pension in certain well-defined instances and
only after compliance with strict guidelines and procedures.

One such exception specified by RSSL § 211 provides that where a
prospective public employer can make a compelling case for employing a
retired person, such person can be re-employed with only a reduction of
- as opposed to the suspension of - his or her pension or, in some
cases, with no reduction at all. In accordance with RSSL § 211(2),
requests for these exemptions must be presented to one of seven officers
or entities in New York State.

RSSL § 211(2) (a) (3) currently specifies that prospective re-employment
with the City of New York or the classified services (that is, non-peda-
gogical staffs) of either DOE or CUNY must be reviewed by DCAS, the
City's municipal civil service commission. With respect to City employ-
ment and employment in the non-pedagogical staff of DOE, DCAS's respon-
sibility to review such requests is appropriate. As the municipal
commission for these entities, DCAS administers the civil service system

for them, including classifying their civil service titles, administer-
ing civil service examinations for competitive class title, and certify-
ing the names of eligible candidates to fill vacancies in positions.
Moreover, until 1988, this responsibility was appropriate with respect
to reemployment with CUNY, because, until 1988, the City's DOP also
served as the municipal civil service commission for CUNY. In 1988,
however, the Board of Trustees of CUNY was authorized to establish its
own civil service commission, separate and independent from DOP.  The
Board appointed the first Commission in 1989, and adopted the Rules and
Regulations of the Civil Service Commission on July 18, 1989. CUNY's
creation of its own independent municipal civil service commission meant
that it was no longer under the jurisdiction of DOP. Despite this
significant change, however, the language in RSSL § 211 was not similar-
ly changed; consequently, DCAS still approves approximately two new
waivers and, on the average, three § 211 waiver renewals for CUNY each
year. This bill would change the law as it is currently written to
exclude CUNY from the list of entities for which DCAS will consider
requests for § 211 waivers.

Because this review for re-employment in public service still must be
conducted by some entity, this bill also contains a corresponding
proposed amendment to subparagraph (5) of RSSL § 211 (2) (a), which
would give CUNY the authority to evaluate waivers for retired persons
seeking re-employment in its own classified service, in addition to the
waivers it already evaluates for re-employment in its unclassified
service. Such change reflects the proposed amendment to subparagraph (3)
above, and vests in CUNY the authority to review all waiver requests for
its own prospective employees.

In view of the fact that CUNY is no longer under the jurisdiction of
DCAS for the administration of its civil service, it no longer makes
legal or operational sense to require that DCAS evaluate CUNY requests
for retired persons to return to its service without a suspension or
diminution of existing pension benefits.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

FINANCIAL IMPACT:
Minimal, to address any possible administrative costs associated with
changing the approving entity for these 211 waivers.

EFFECTIVE DATE:
Immediately.

2009-S7452A (ACTIVE) - Bill Text download pdf

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

                                 7452--A
    Cal. No. 593

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- 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
  re-employment of retired persons by the board of higher  education  of
  the city of New York

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

  Section 1. Subparagraph 3 of paragraph (a) of subdivision 2 of section
211 of the retirement and social security law, as amended by chapter 753
of the laws of 1976, is amended to read as follows:
  (3) the municipal civil service commission of the city of New York  if
such  person  is to be employed in a position in the service of the city
of New York or in the classified service in the board of  education  [or
board of higher education] of such city; or
  S  2.  Subparagraph 5 of paragraph (a) of subdivision 2 of section 211
of the retirement and social security law, as amended by chapter 753  of
the laws of 1976, is amended to read as follows:
  (5)  the  board  of  higher  education of the city of New York if such
person is to be employed in the CLASSIFIED OR unclassified service under
the board of higher education of the city of New York; or
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York  city
Retirement  System  ("NYCRS"),  this  proposed  legislation  would amend
Retirement and Social Security Law ("RSSL") Section 211  to  revise  the
approval  procedure  for  certain  retirees  reemployed pursuant to such
Section.
  The Effective Date of the proposed legislation would be  the  date  of
enactment.
  IMPACT  ON  RETIREE  REEMPLOYMENT  PROCEDURES:  Retired members of the
NYCRS are permitted to return to employment in the service of  New  York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16584-02-0

S. 7452--A                          2

State  ("NYS")  or  any  of  its political divisions. In particular, for
certain New York City ("NYC") employment positions designated as:
  A. Classified positions (i.e., non-pedagogical staff) for the Board of
Education  of  NYC (now the NYC Department of Education ("NYC DOE")), or
for the Board of Higher Education of NYC (now the City University of New
York ("CUNY")),
  B. Unclassified positions (i.e., pedagogical staff) for the  Board  of
Education of NYC and Board of Higher Education of NYC, and
  C.  Other  NYC  employment  for  positions  at other than the Board of
Education of NYC or Board of Higher Education of NYC.
  Note: The remainder of this Fiscal Note  will  generally  utilize  the
historical terminology that most closely follows the statutory language.
  For  those  retired  employees who wish to elect to be rehired in such
public service under the provisions of RSSL  Section  211,  one  of  the
following entities needs to approve such rehire:
  *  For all classified Board of Education of NYC positions, all classi-
fied Board of Higher Education of NYC positions,  and,  as  noted  in  C
above,  other  NYC employment, the Municipal Civil Service Commission of
NYC  (now  the  NYC  Department  of  Citywide  Administrative   Services
("DCAS")).
  * For all unclassified NYC positions in the Board of Education of NYC,
the Chancellor of the City School district of NYC.
  *  For all unclassified NYC positions in the Board of Higher Education
of NYC, the Board of Higher Education of NYC.
  Under the proposed legislation, the authority of the  Municipal  Civil
Service  Commission  of  NYC  with respect to the approval of classified
positions with the Board of Higher Education of NYC would be transferred
to the Board of Higher Education of NYC.
  The proposed legislation, if enacted, does not alter the  responsibil-
ities  of  the  prospective employer with regard to the retired members.
However, the prospective employer would need to be aware that the  clas-
sified positions with the Board of Higher Education of NYC would require
the approval of the Board of Higher Education of NYC.
  FINANCIAL  IMPACT -  ADMINISTRATIVE EXPENSES: Currently, the approvals
for the rehiring of NYCRS members for classified service in the Board of
Higher  Education  are  made  by  DCAS.  Any  expenses  which  arise  in
connection  with  this  processing are currently funded by an allocation
from the NYC budget.
  If the proposed legislation were enacted, such approvals required  for
Board of Higher Education of NYC classified service would be transferred
to the Board of Higher Education of NYC.
  The  Actuary does not anticipate that enactment of the proposed legis-
lation would change the number of retirees who become reemployed in such
public service at CUNY.
  However, the allocations from the NYC budget for DCAS  expenses  could
be reduced and the allocations from the Board of Higher Education of NYC
budget could be increased.
  Given the limited number of retirees potentially impacted, the Actuary
anticipates  that  the  workload  and  financial impacts on DCAS and the
Board of Higher Education of NYC workloads would be marginal.
  FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: With respect to the  NYCRS,
the  enactment  of this proposed legislation would be expected to result
in only minimal, if any, changes in employer contributions  to  the  New
York  City  Teachers'  Retirement System ("NYCTRS") or the New York City
Board of Education Retirement System ("BERS").

S. 7452--A                          3

  Such changes in administrative expenses of TRS and  BERS  would  occur
only  if  these  organizations  were  to  need to expend funds to revise
existing procedures to handle the change in approving entity for rehired
retirees.
  STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
Actuary for the New York City Retirement Systems. I am a Fellow  of  the
Society  of Actuaries and a Member of the American Academy of Actuaries.
I meet the Qualification Standards of the American Academy of  Actuaries
to render the actuarial opinion contained herein.
  FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
during the 2010 Legislative Session. It is Fiscal  Note  2010-15,  dated
June  2,  2010,  prepared  by  the  Chief  Actuary for the New York City
Retirement Systems.

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