S T A T E O F N E W Y O R K
________________________________________________________________________
8158--A
I N S E N A T E
June 14, 2010
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law and the retirement and social security
law, in relation to permitting a waiver of earnings limitations for
certain retirees of the New York state and local police and fire
retirement system employed by the city university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 6214-a
to read as follows:
S 6214-A. SPECIAL PROVISIONS FOR CERTAIN RETIREES. 1. ANY PROVISIONS
CONTAINED IN THE GENERAL OR SPECIAL LAW, LOCAL LAW, AND/OR CHARTER,
PERTAINING TO EARNINGS LIMITATIONS APPLICABLE TO THE EMPLOYMENT OF INDI-
VIDUALS IN POSITIONS OF PUBLIC SERVICE IN ANY CALENDAR YEAR WHILE
RETIRED AND RECEIVING A RETIREMENT ALLOWANCE, SHALL NOT APPLY TO ANY
INDIVIDUAL EMPLOYED BY THE CITY UNIVERSITY OF NEW YORK DURING THE WHOLE
OF ANY CALENDAR YEAR BEGINNING WITH THE CALENDAR YEAR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION. SUCH INDIVIDUAL MAY CONTINUE AS RETIRED WITH-
OUT LOSS, SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE
PROVIDED, HOWEVER, SUCH INDIVIDUAL SHALL: (A) RETIRE WHILE A MEMBER OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE
NEW YORK CITY POLICE PENSION FUND; (B) BE ENTITLED TO RECEIVE A RETIRE-
MENT ALLOWANCE FROM SUCH RETIREMENT SYSTEM IMMEDIATELY PRIOR TO THE
COMMENCEMENT DATE OF SUCH EMPLOYMENT BY THE CITY UNIVERSITY OF NEW YORK;
AND (C) HAVING BEEN HIRED AS A MEMBER OF THE FACULTY, OR AS A COLLEGE OR
UNIVERSITY SECURITY DIRECTOR, SHALL HAVE BEEN GRANTED A WAIVER OF
RETIREMENT EARNINGS LIMITATION BY THE CHANCELLOR OF THE CITY UNIVERSITY
OF NEW YORK.
S 2. The retirement and social security law is amended by adding a new
section 211-a to read as follows:
S 211-A. SPECIAL PROVISIONS FOR CERTAIN RETIREES. 1. ANY PROVISIONS
CONTAINED IN THE GENERAL OR SPECIAL LAW, LOCAL LAW, AND/OR CHARTER,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17729-02-0
S. 8158--A 2
PERTAINING TO EARNINGS LIMITATIONS APPLICABLE TO THE EMPLOYMENT OF INDI-
VIDUALS IN POSITIONS OF PUBLIC SERVICE IN ANY CALENDAR YEAR WHILE
RETIRED AND RECEIVING A RETIREMENT ALLOWANCE, SHALL NOT APPLY TO ANY
INDIVIDUAL EMPLOYED BY THE CITY UNIVERSITY OF NEW YORK DURING THE WHOLE
OF ANY CALENDAR YEAR BEGINNING WITH THE CALENDAR YEAR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION. SUCH INDIVIDUAL MAY CONTINUE AS RETIRED WITH-
OUT LOSS, SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE
PROVIDED, HOWEVER, SUCH INDIVIDUAL SHALL: (A) RETIRE WHILE A MEMBER OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE
NEW YORK CITY POLICE PENSION FUND; (B) BE ENTITLED TO RECEIVE A RETIRE-
MENT ALLOWANCE FROM SUCH RETIREMENT SYSTEM IMMEDIATELY PRIOR TO THE
COMMENCEMENT DATE OF SUCH EMPLOYMENT BY THE CITY UNIVERSITY OF NEW YORK;
AND (C) HAVING BEEN HIRED AS A MEMBER OF THE FACULTY, OR AS A COLLEGE OR
UNIVERSITY SECURITY DIRECTOR, SHALL HAVE BEEN GRANTED A WAIVER OF
RETIREMENT EARNINGS LIMITATION BY THE CHANCELLOR OF THE CITY UNIVERSITY
OF NEW YORK.
S 3. This act shall take effect January 1, 2011.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow certain retired members of the New York State and
Local Police and Fire Retirement System or the New York City Police
Pension Fund, to work for the City University of New York and continue
to receive their retirement benefit provided they are granted a waiver
of retirement earnings limitation by the Chancellor of the City Univer-
sity of New York.
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. There would be negligible additional annual costs.
This estimate, dated June 24, 2010, and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-177, prepared by
the Actuary for the New York State and Local Police and Fire Retirement
System.