senate Bill S2964

2013-2014 Legislative Session

Restricts the public employment of retired persons for twenty-four months

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 21, 2014 advanced to third reading
May 20, 2014 2nd report cal.
May 19, 2014 1st report cal.783
Jan 08, 2014 referred to civil service and pensions
Jun 21, 2013 committed to rules
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.935
Jan 28, 2013 referred to civil service and pensions

Votes

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May 19, 2014 - Civil Service and Pensions committee Vote

S2964
5
1
committee
5
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 19, 2014

nay (1)

Jun 3, 2013 - Civil Service and Pensions committee Vote

S2964
7
0
committee
7
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: Jun 3, 2013

S2964 - Bill Details

Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §211, R & SS L
Versions Introduced in 2011-2012 Legislative Session:
S4111

S2964 - Bill Texts

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Restricts the public employment of retired persons for twenty-four months.

view sponsor memo
BILL NUMBER:S2964

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 earn-
ings 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 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 govern-
ment 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 experience rather than
for potential 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

2011-12 Session - S.4111- referred to Civil Service and Pensions

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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  restricting  the  public employment of retired persons for twenty-four
  months

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

  Section 1. Subparagraph 2 of paragraph (b) of subdivision 2 of section
211 of the retirement and social security law, as amended by chapter 640
of the laws of 2008, is amended and a new subdivision 9 is added to read
as follows:
  (2)  that  he  or  she will earn more than one thousand dollars in one
year,  including  compensation  earned  in  such  position  under  other
provisions  of  this  article  that  there are not readily available for
recruitment persons qualified to perform the duties  of  such  position;
[and (4)];]
  9.  NO  APPROVALS  GRANTED UNDER THIS SECTION SHALL BE PERMITTED FOR A
PERIOD OF TWENTY-FOUR MONTHS.
  S 2. 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07994-01-3

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