Senate Bill S8158A

                            
                    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.