S T A T E O F N E W Y O R K
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1098--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. GUNTHER, SKOUFIS, PAULIN, SKARTADOS, MONTESANO,
GRAF, CORWIN, RAIA, FRIEND -- Multi-Sponsored by -- M. of A. COOK,
CROUCH, DUPREY, McLAUGHLIN, STEC, WALTER -- read once and referred to
the Committee on Governmental Employees -- recommitted to the Commit-
tee on Governmental Employees in accordance with Assembly Rule 3, sec.
2 -- 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
the limitation for retired police officers employed as school resource
officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 212 of the retirement and social
security law, as added by section 1 of part Y of chapter 55 of the laws
of 2013, is amended to read as follows:
3. Notwithstanding the provisions of subdivisions one and two of this
section, [the commissioner of education may determine, pursuant to
section two hundred eleven of this article, that] such earnings limita-
tions shall not apply to a retired police officer employed by a school
district IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE as a school
resource officer, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
OTHER SUBSTANTIALLY SIMILAR POSITION OR OFFICE THAT IS DESIGNED TO
PROVIDE SAFETY AND/OR SECURITY ON SCHOOL GROUNDS, PROVIDED THAT SUCH
RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND PHYSICALLY FIT
FOR PERFORMANCE OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT AND IS PROPERLY CERTI-
FIED WHERE SUCH CERTIFICATION IS REQUIRED.
S 2. This act shall take effect immediately.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill will allow retired police officers to be employed by a
school district as a school safety officer, school security officer or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01997-03-6
A. 1098--A 2
any other substantially similar position and continue to receive their
full retirement benefit. Currently, this privilege is only allowed to
retired police officers who are employed as a school resource officer.
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:
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 26, 2016, and intended for use only
during the 2016 Legislative Session, is Fiscal Note No. 2016-44,
prepared by the Actuary for the New York State and Local Retirement
System.