S T A T E   O F   N E W   Y O R K
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                                   3459
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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.