S T A T E   O F   N E W   Y O R K
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                                 4239--A
    Cal. No. 120

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced  by  Sens. LARKIN, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the retirement and social security law, in  relation  to
  authorizing  retired firefighters to be employed as instructor of fire
  sciences by a career and technical education center without diminution
  of his or her retirement benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 214-c to read as follows:
  S  214-C.  EMPLOYMENT OF CERTAIN RETIRED PERSONS WHO RETIRED FROM FIRE
SERVICE.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  CHAPTER   OR   THE
PROVISIONS  OF  ANY  STATE  OR  LOCAL LAW OR CHARTER TO THE CONTRARY, NO
RETIRED PERSON WHO RETIRED FROM FIRE SERVICE AS A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE NEW  YORK  FIRE
DEPARTMENT  PENSION  FUND, AND WHO IS EMPLOYED BY A CAREER AND TECHNICAL
EDUCATION CENTER AS AN INSTRUCTOR IN A FIRE SCIENCE PROGRAM APPROVED  BY
THE  EDUCATION DEPARTMENT, SHALL HAVE HIS OR HER RETIREMENT ALLOWANCE OR
BENEFITS SUSPENDED OR REDUCED BECAUSE OF  COMPENSATION  EARNED  BY  SUCH
RETIRED PERSON FROM SERVICE AS A FIRE SCIENCE INSTRUCTOR.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  will  allow retired firefighters of the New
York State and Local Police and Fire Retirement System or the  New  York
City  Fire  Department Pension Fund to work as a fire science instructor
in a program approved by the New York State Department of Education  and
continue to receive their retirement benefit.

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

                                                           LBD07012-03-2

S. 4239--A                          2

  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.
  Summary of relevant resources:
  Data:  March  31,  2011  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2011  Report  of  the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 27,  2012,  and  intended  for  use  only
during  the  2012  Legislative  Session,  is  Fiscal  Note  No. 2012-75,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.