S T A T E O F N E W Y O R K
________________________________________________________________________
7566
2013-2014 Regular Sessions
I N A S S E M B L Y
May 23, 2013
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Introduced by M. of A. JORDAN -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
permitting retired law enforcement officers to be hired as school
resource officers in public schools without loss, suspension or dimi-
nution of retirement allowance without an earnings limitation
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 212-a to read as follows:
S 212-A. EMPLOYMENT OF RETIRED LAW ENFORCEMENT OFFICERS AS SCHOOL
RESOURCE OFFICERS IN PUBLIC SCHOOLS. NOTWITHSTANDING THE PROVISIONS OF
SECTION ONE HUNDRED ONE, TWO HUNDRED ELEVEN, TWO HUNDRED TWELVE OR FOUR
HUNDRED ONE OF THIS CHAPTER, OR THE PROVISIONS OF ANY LOCAL LAW OR CHAR-
TER, ANY RETIRED LAW ENFORCEMENT OFFICER MAY CONTINUE AS RETIRED AND,
WITHOUT LOSS, SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOW-
ANCE, EARN IN A POSITION AS A SCHOOL RESOURCE OFFICER EMPLOYED IN A
PUBLIC SCHOOL, IN ANY CALENDAR YEAR WITH NO EARNINGS LIMITATION,
PROVIDED THAT SUCH RETIRED LAW ENFORCEMENT OFFICER EMPLOYED UNDER THIS
SECTION DULY EXECUTES AND FILES WITH THE RETIREMENT SYSTEM FROM WHICH HE
OR SHE IS RECEIVING A RETIREMENT ALLOWANCE A STATEMENT THAT HE OR SHE
ELECTS TO HAVE THE PROVISIONS OF THIS SECTION APPLY TO HIM OR HER. A
STATEMENT OF ELECTION EXECUTED AND FILED PURSUANT TO THIS SECTION MAY BE
WITHDRAWN BY A RETIRED LAW ENFORCEMENT OFFICER AT ANY TIME BY A STATE-
MENT SIMILARLY EXECUTED AND FILED.
S 2. The opening paragraph of subdivision a of section 401 of the
retirement and social security law, as added by chapter 1000 of the laws
of 1966, is amended to read as follows:
If a retired member, receiving a retirement allowance for other than
physical disability, returns to active public service, except as other-
wise provided in this section or sections two hundred eleven [or], two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08830-01-3
A. 7566 2
hundred twelve OR TWO HUNDRED TWELVE-A of this chapter, and is eligible
for membership in the policemen's and firemen's retirement system, he
thereupon shall become a member and his retirement allowance shall
cease. In such event, he shall contribute to the policemen's and fire-
men's retirement system as if he were a new member. Upon his subsequent
retirement he shall:
S 3. This act shall take effect immediately.