S T A T E O F N E W Y O R K
________________________________________________________________________
10203--A
I N A S S E M B L Y
May 11, 2012
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to provide a waiver of earnings limitations for certain criminal
justice faculty employed by a community college
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provision of general or special
law, local law and/or charter, the earnings limitations contained in any
such general or special law, local law and/or charter and applicable to
the employment of a person or persons in a position or positions in
public service in any calendar year while retired and receiving a
retirement allowance shall not apply to any person employed by a commu-
nity college as a faculty member under a criminal justice program of the
state university of New York or city university of New York during the
whole of any calendar year beginning with the calendar year in which
this act shall have become a law and such person may continue as retired
and without loss, suspension or diminution of his or her retirement
allowance, provided: (a) such person retired while a member of the New
York state and local police and fire retirement system; (b) such person
was entitled to receive a retirement allowance from such retirement
system immediately prior to the commencement date of such employment by
the community college as a faculty member under a criminal justice
program of the state university or city university, as the case may be;
and (c) such retired person is granted a waiver of retirement earnings
limitation by the president of a community college under a criminal
justice program of the state university or city university, if such
person is hired as a member of the faculty of such criminal justice
program.
S 2. This act shall take effect January 1, 2013.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
The State University of New York has determined that there is no
fiscal impact to SUNY or the State of New York regarding the implementa-
tion of A. 10203.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15582-02-2
A. 10203--A 2
A. 10203 is in fact intended to save SUNY administrative time and
effort in the processing of employment waivers in order for retired law
enforcement officials to serve on the faculty of community colleges.
Currently 17 SUNY community colleges offer degree programs in criminal
justice. In addition, there are numerous New York retirees who are valu-
able law enforcement personnel who are employed as faculty and instruc-
tors in the areas of criminal justice and law enforcement. These members
of the faculty who are also retired members of the NYS policemen's and
firemen's retirement system are not eligible to be appointed to tenure
track positions due to the need to continue to seek 211 waivers on a
bi-annual basis, thus reducing the need to conduct costly employment
searches.
Often times, campuses that are located in smaller communities are
challenged in finding experienced and qualified personnel. Enactment of
A. 10203 will dramatically enrich the teaching faculty of the State
University of New York. Furthermore, given the current provisions of the
NYS policemen's and firemen's retirement system which permits a 20/25
year and out, many of those eligible under the provision of A. 10203
have many years of valuable service and experience to offer to the
public sector and the State University of New York.
This estimate intended for use only during the 2012 Legislative
Session was prepared by the Actuary for the Office of Governmental
Relations of the State University of New York.