Senate Bill S7670A

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

                                 7670--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- 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 retirement allowance of certain  retired  persons  employed  by  a
  community college

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

  Section 1. Subdivision 2 of section 211 of the retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph (d) to read as
follows:
  (D) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, ANY RETIRED NEW
YORK STATE AND LOCAL  POLICE  AND  FIRE  RETIREMENT  SYSTEM  MEMBER  WHO
RECEIVED  APPROVAL  PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION FOR
EMPLOYMENT BY A COMMUNITY COLLEGE AS A FULL-TIME TEACHING FACULTY MEMBER
UNDER A CRIMINAL JUSTICE, FIRE SCIENCE OR EMERGENCY  MANAGEMENT  PROGRAM
OF THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK SHALL
BE  DEEMED TO HAVE RECEIVED SUCH APPROVAL FOR THE DURATION OF HIS OR HER
CONTINUOUS EMPLOYMENT WITH SUCH COMMUNITY COLLEGE AS  A  FACULTY  MEMBER
UNDER  SUCH  A  PROGRAM.    NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
CONTRARY, SUCH RETIRED MEMBER SHALL BE DEEMED TO  HAVE  BEEN  GRANTED  A
WAIVER OF ANY RETIREMENT EARNINGS LIMITATION AND MAY BE EMPLOYED WITHOUT
SUSPENSION  OR  DIMINUTION  OF  HIS  OR HER RETIREMENT ALLOWANCE FOR THE
DURATION OF SUCH CONTINUOUS EMPLOYMENT. FOR PURPOSES OF THIS  PARAGRAPH,
A  RETIRED  NEW  YORK  STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM
MEMBER IS A PERSON WHO WAS NOT OTHERWISE GAINFULLY EMPLOYED AT ANY  TIME
AFTER  RETIREMENT  FROM  PUBLIC  SERVICE  PRIOR  TO  THE COMMENCEMENT OF
EMPLOYMENT WITH A COMMUNITY COLLEGE OF THE STATE UNIVERSITY OF NEW  YORK
OR  CITY  UNIVERSITY  OF NEW YORK AS A FULL-TIME TEACHING FACULTY MEMBER
UNDER A CRIMINAL JUSTICE, FIRE SCIENCE OR EMERGENCY MANAGEMENT PROGRAM.
  S 2. Any person who is currently employed by a  community  college  of
the  state  university  of  New York or city university of New York as a
full-time teaching faculty member under a criminal justice, fire science

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

                                                           LBD11894-04-6

S. 7670--A                          2

or emergency management program, received approval pursuant to paragraph
(a) of subdivision two of section two hundred eleven of  the  retirement
and  social  security law for such employment, and who was not otherwise
gainfully employed  at any time after retirement from public service and
prior  to the commencement of employment with a community college of the
state university of New York or city university of New York as  a  full-
time  teaching  faculty member under a criminal justice, fire science or
emergency management program shall be deemed to have  received  approval
pursuant  to  section  two  hundred  eleven of the retirement and social
security law for the duration of his or her continuous  employment  with
such  community  college  of  the  state  university of New York or city
university of New York as a faculty member  under  a  criminal  justice,
fire science or emergency management program and shall be deemed to have
been  granted  a waiver of any retirement earnings limitation and may be
employed without suspension or  diminution  of  his  or  her  retirement
allowance.
  S 3. This act shall take effect immediately.
  FISCAL NOTE--Pursuant to Legislative Law, Section 50:
  This  bill  will allow retirees of the New York State and Local Police
and Fire Retirement System to work in a community college as  a  faculty
member  of  a  criminal  justice,  fire  science or emergency management
program of the state university of New York or city  university  of  New
York  without  loss,  suspension  or diminution of his or her retirement
allowance.
  If this bill is enacted, 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  May 27, 2016, and intended for use only during
the 2016 Legislative Session, is Fiscal Note No.  2016-11,  prepared  by
the Actuary for the New York State and Local Retirement System.