S T A T E O F N E W Y O R K
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7849--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 24, 2019
___________
Introduced by M. of A. THIELE, HAWLEY, MIKULIN, STERN, McDONOUGH, BRABE-
NEC -- read once and referred to the Committee on Governmental Employ-
ees -- recommitted to the Committee on Governmental Employees in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
annual earnings limitations 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. Section 212 of the retirement and social security law is
amended by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, SUCH ANNUAL EARNINGS LIMITATIONS FOR 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 CERTIFIED WHERE SUCH CERTIFICATION IS REQUIRED, SHALL BE
$65,000 FOR THE YEAR TWO THOUSAND TWENTY AND THEREAFTER.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
Insofar as this bill would affect the New York State and Local Police
and Fire Retirement System (PFRS), this bill would allow retired police
officers who are employed by a school district as a school resource
officer, school safety officer, school security officer or any other
substantially similar position or office that is designed to provide
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02406-08-0
A. 7849--A 2
safety and/or security on school grounds with an annual salary of
$65,000 or less to continue to receive their full retirement benefit.
Currently, the salary limit is $35,000.
If this bill is enacted, we expect few retirees to be affected. There
would be negligible additional annual costs. However, if large numbers
of retirees are hired into such positions, there would be additional
annual costs which would be shared by the state of New York and all of
the participating employers in the PFRS.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 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, 2019
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 19, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-86, prepared by
the Actuary for the New York State and Local Retirement System.