NY State Senate Bill 2017-S2945

Senate Bill S2945

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions
Jan 18, 2017	referred to civil service and pensions

2017-S2945 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §211, R & SS L
Versions Introduced in 2015-2016 Legislative Session:: S5920

2017-S2945 (ACTIVE) - Summary

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

2017-S2945 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2945

 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 :

2016: S 5920-A passed committee, died in rules

 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.

2017-S2945 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2945
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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.
   § 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.

                                                            LBD03844-02-7

 S. 2945                             2
 
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2016 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2016
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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 12, 2017 and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No. 2017-7, prepared by the
 Actuary for the New York State and Local Retirement System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.