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

                                  11383

                          I N  A S S E M B L Y

                              June 8, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
  read once and referred to the Committee on Governmental Employees

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
State ("NYS") or any of its  political  divisions.  In  particular,  for
certain New York City ("NYC") employment positions designated as:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16584-03-0
              

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  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").
  Such  changes  in  administrative expenses of TRS and BERS would occur
only if these organizations were to  need  to  expend  funds  to  revise

A. 11383                            3

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.