S T A T E O F N E W Y O R K
________________________________________________________________________
3459
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. RA -- read once and referred to the Committee on
Governmental Employees
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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06697-01-7
A. 3459 2
full-time teaching faculty member under a criminal justice, fire science
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.
§ 3. This act shall take effect immediately.