Senate Bill S4111

                                BILL NUMBER:S4111

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
restricting the public employment of retired persons for twenty-four
months

PURPOSE:
To create a 24 month moratorium of the issuance of Section 211
Approval of the Retirement and Social Security Law commonly referred
to as a "211 Waiver".

SUMMARY OF PROVISIONS:
Amends subparagraph 2 of paragraph (b) of §211 of the retirement and
social security law by adding a new subdivision 9 to restrict the
issuance of approvals under this section for 24 months.

EXISTING LAW:
There are different rules and restrictions for retired public
employees who wish to return to public service and how it impacts
their ability to collect their pension.

Post retirement employment and earnings with the State; a county,
city, town or village; a school district or Board of Cooperative
Services (BOCES); public authorities or public benefit corporations;
              

or other entities that participate in one of the eight public
retirement systems of the state, may be affected depending on type of
retirement a member is receiving, the plan a member retired under and
the member's age.

Under RSSL §212 a retired member who is under the age of 65, can
return to public employment without approval or reduction or
suspension of their retirement benefit as long as during the calendar
year their earnings are less than $30,000. Upon earnings over $30,000
a member's pension is suspended for the remainder of the calendar year.

Under RSSL §211 if a member's earnings will be more than the limits
set under RSSL §212 then the public employer may request approval to
hire you under RSSL §211, which may help avoid a reduction or
suspension of the retired member's pension.

Typically the authorization is requested if the New York State Civil
Service Commission, however, the following entities are authorized to
grant these approvals for certain positions:

* The New York State Commissioner of Education
* The Campus President of each State University of New York
* The Chancellor of the New York City Division of Citywide
Personnel Services
* The New York State Office of Court Administration.

Approval is not automatic, but based on the employer's needs and the
retired member's qualifications. Waivers are granted for a fixed
period of time of up to two years.


JUSTIFICATION:

The moratorium provided for by this legislation will compel public
employers to address our aging workforce and the lack of workforce
succession planning, quell public outrage over "double-dipping and
tap in to the availability of a large labor pool from which to hire.

According to 2010 The New York State Workforce Management Report
published by the New York State Department of Civil Service:

* 62% of the workforce is 45 or older
* 25% of the workforce is 55 or older
* Average age is 47
* Average length of service is 15 years
* In the next 5 years, 32,422 employees will be 55 or older with 30
years of service, 20% of the non-uniformed workforce
* Average age at retirement is 58
* Average length of service at retirement is 27 years

The majority of Management/Confidential employees are the 5,146 most
senior career managers in State service who serve in grades M-1
through M-8, 21% are now eligible to retire. Within the next five
years, a total of 48% of these senior career managers will become
eligible to retire.

No agency has an average age in the 20s or 30s.
There are 52 agencies with an average employee age in the 40s and 18
in the 50s.

From 2002-2007, the average age of a new hire to State service was 35.
It rose to 38 in 2008. In 2009 it was 41. Not only are older workers
older; so are the younger workers. Clearly, the old pattern of
government hiring people right out of high school or college is no
longer true. One reason for this is that the State, like most
employers lately, needs people capable of performing a job soon after
they are hired. The State is hiring for experience rather than for
potential.

The current economic crisis allows for the State and other public
employers to recruit and select employees from a large labor pool
that may not have traditionally considered employment in the public
sector.

LEGISLATIVE HISTORY:
2011 Session - New Legislation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however this act
shall not apply to individuals to whom approvals were granted prior
to the effective date of this act.