Senate Bill S5920A

2015-2016 Legislative Session

Relates to employment of retired persons without diminution of retirement allowance and period of employment requested by the prospective employer

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Mar 30, 2016	advanced to third reading
Mar 29, 2016	2nd report cal.
Mar 28, 2016	1st report cal.447
Feb 02, 2016	print number 5920a
Feb 02, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Jun 11, 2015	referred to rules

Votes

- Mar 28, 2016 - Civil Service And Pensions Committee Vote
  S5920A
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Civil Service And Pensions Committee Vote: Mar 28, 2016
      
      aye (10)
      
      Addabbo Jr.
      
      Comrie
      
      Croci
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Persaud
      
      Ritchie
      
      Savino
      
      aye wr (1)
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2015-S5920 - Details

See Assembly Version of this Bill:: A6644
Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §211, R & SS L
Versions Introduced in 2017-2018 Legislative Session:: S2945

2015-S5920 - Summary

Relates to employment of retired persons without diminution of retirement allowance for the period of employment requested by the prospective employer.

2015-S5920 - Sponsor Memo

                                BILL NUMBER:S5920

TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to employment of retired persons without diminution
of retirement allowance and period of employment requested by the
prospective employer

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
require that approvals of 211 waivers be granted for the period of
time requested by the prospective employer.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 211 of the Retirement and Social

Security Law (RSSL) to require that when a prospective employer has
submitted a written request for a Section 211 Waiver on behalf of a
retired person, approval of such request shall be granted for the
period of time requested by such prospective employer. According to
the New York State Comptroller's Office, this bill does not incur
additional costs to the New York State and Local Employees' Retirement
and the New York State and Local Police and Fire Retirement System.

Section 2 sets the effective date.

JUSTIFICATION: Pursuant to RSSL 211, public employers who wish to hire

a person retired from public service at a salary exceeding the
limitations set forth in RSSL 212, must submit a written request to
the specified authority. For municipal employers outside of New York
City, such request must be approved by the State Civil Service
Commission. There have been instances where these approvals have been
granted for periods less than the period requested by the prospective
employer. This bill is necessary to ensure that prospective employers
who make an application for a waiver pursuant to this section are
either granted or denied the waiver for the amount of time requested
in the application.

In some recent situations with law enforcement. personnel, the
Commissioner has granted waivers for shorter periods of time than
those requested by the employer. As a result of the reduction by the
Commissioner, long-term, confidential investigations have been
abandoned or compromised. In many situations with District Attorney's
Investigators, the employer intended to engage in a long term
investigation with the applicant, yet, was unable to do so due to the
risk of the applicant having to reapply for another waiver before the
investigation is completed. As mentioned in Governor Paterson's
approval memo regarding waivers for law enforcement when this Section
was enacted, "Indeed, the productive use of the investigative skills
possessed by such an officer.  is the epitome of what section 211
seeks to achieve." Accordingly, this amendment will avoid these
unintended consequences in the future.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: There are no additional costs to the New York
State and Local Employees' Retirement and the New York State and Local
Police and Fire Retirement System.


EFFECTIVE DATE: Immediately.

2015-S5920 - Bill Text download pdf

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

                                  5920

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the retirement and social security law, in  relation  to
  employment  of retired persons without diminution of retirement allow-
  ance and period of employment requested by the prospective employer

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

  Section  1. The closing paragraph 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 to read as follows:
  Such  approvals  SHALL,  FOR  RETIRED  PERSONS  RECEIVING A RETIREMENT
ALLOWANCE FROM THE  NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM,  BE  GRANTED FOR THE PERIOD OF TIME REQUESTED BY THE PROSPECTIVE
EMPLOYER AND may be granted for periods not exceeding  two  years  each,
provided  that such person may not return to work in the same or similar
position for a period of one year following retirement. The authority or
officer specified in paragraph (a) of this subdivision,  upon  approving
employment  of  a  retired person under this section, shall certify such
approval to the retirement system or pension plan from which such person
is receiving a retirement allowance.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill amends Section 211 of the Retirement and Social Security Law
to require that when a prospective  employer  has  submitted  a  written
request for a Section 211 waiver on behalf of a retired person, approval
of  such  request  shall  be granted for the period of time requested by
such prospective employer.
  If this bill is enacted, there will be no additional costs to the  New
York  State  and  Local Employees' Retirement and the New York State and
Local Police and Fire Retirement System.
  Summary of relevant resources:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09917-05-5

S. 5920                             2

  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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  May 27, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-121,  prepared  by
the  Actuary  for the New York State and Local Employees' Retirement and
the New York State and Local Police and Fire Retirement System.

2015-S5920A (ACTIVE) - Details

See Assembly Version of this Bill:: A6644
Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §211, R & SS L
Versions Introduced in 2017-2018 Legislative Session:: S2945

2015-S5920A (ACTIVE) - Summary

Relates to employment of retired persons without diminution of retirement allowance for the period of employment requested by the prospective employer.

2015-S5920A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5920A

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to employment of retired persons without diminution
of retirement allowance and period of employment requested by the
prospective employer

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to require that approvals of 211
waivers be granted for the period of time requested by the prospective
employer.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends Section 211 of the Retirement and Social
Security Law (RSSL) to require that when a prospective employer has
submitted a written request for a Section 211 Waiver on behalf of a
retired person, approval of such request shall be granted for the
period of time requested by such prospective employer. According to
the New York State Comptroller's Office, this bill does not incur
additional costs to the New York State and Local Employees' Retirement
and the New York State and Local Police and Fire Retirement System.

Section 2 sets the effective date.

Fiscal Note.

 JUSTIFICATION :

Pursuant to RSSL 211, public employers who wish to hire a person
retired from public service at a salary exceeding the limitations set
forth in RSSL 212, must submit a written request to the specified
authority. For municipal employers outside of New York City, such
request must be approved by the State Civil Service Commission. There
have been instances where these approvals have been granted for
periods less than the period requested by the prospective employer.
This bill is necessary to ensure that prospective employers who make
an application for a waiver pursuant to this section are either
granted or denied the waiver for the amount of time requested in the
application.

In some recent situations with law enforcement. personnel, the
Commissioner has granted waivers for shorter periods of time than
those requested by the employer. As a result of the reduction by the
Commissioner, long-term, confidential investigations have been
abandoned or compromised. In many situations with District Attorney's
Investigators, the employer intended to engage in a long term
investigation with the applicant, yet, was unable to do so due to the
risk of the applicant having to reapply for another waiver before the
investigation is completed. As mentioned in Governor Paterson's
approval memo regarding waivers for law enforcement when this Section
was enacted, "Indeed, the productive use of the investigative skills
possessed by such an officer. is the epitome of what section 211 seeks
to achieve."  Accordingly, this amendment will avoid these unintended
consequences in the future.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

There are no additional costs to the New York State and Local
Employees' Retirement and the New York State and Local Police and Fire
Retirement System.
 EFFECTIVE DATE :
Immediately.

2015-S5920A (ACTIVE) - Bill Text download pdf

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

                                 5920--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Civil Service and Pensions in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  employment of retired persons without diminution of retirement  allow-
  ance and period of employment requested by the prospective employer

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

  Section 1. The closing paragraph 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 to read as follows:
  Such approvals SHALL,  FOR  RETIRED  PERSONS  RECEIVING  A  RETIREMENT
ALLOWANCE  FROM  THE  NEW  YORK  STATE  AND  LOCAL EMPLOYEES' RETIREMENT
SYSTEM, BE GRANTED FOR THE PERIOD OF TIME REQUESTED BY  THE  PROSPECTIVE
EMPLOYER  AND  may  be granted for periods not exceeding two years each,
provided that such person may not return to work in the same or  similar
position for a period of one year following retirement. The authority or
officer  specified  in paragraph (a) of this subdivision, upon approving
employment of a retired person under this section,  shall  certify  such
approval to the retirement system or pension plan from which such person
is receiving a retirement allowance.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill amends Section 211 of the Retirement and Social Security Law
to  require  that  when  a  prospective employer has submitted a written
request for a Section 211 waiver on behalf of a retired person, approval
of such request shall be granted for the period  of  time  requested  by
such prospective employer.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09917-08-6

S. 5920--A                          2

  If  this bill is enacted, there will be no additional costs to the New
York State and Local Employees' Retirement and the New  York  State  and
Local Police and Fire Retirement System.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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 28, 2016 and intended for use only during
the  2016  Legislative  Session, is Fiscal Note No. 2016-45, prepared by
the Actuary for the New York State and Local Retirement System.

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Senate Bill S5920A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Mar 28, 2016 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Mar 28, 2016

Bill Amendments

2015-S5920 - Details

2015-S5920 - Summary

2015-S5920 - Sponsor Memo

2015-S5920 - Bill Text download pdf

2015-S5920A (ACTIVE) - Details

2015-S5920A (ACTIVE) - Summary

2015-S5920A (ACTIVE) - Sponsor Memo

2015-S5920A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5920A

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2015-S5920 - Details

2015-S5920 - Summary

2015-S5920 - Sponsor Memo

2015-S5920 - Bill Text download pdf

2015-S5920A (ACTIVE) - Details

2015-S5920A (ACTIVE) - Summary

2015-S5920A (ACTIVE) - Sponsor Memo

2015-S5920A (ACTIVE) - Bill Text download pdf

Comments