S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4297
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by Sens. AKSHAR, ORTT -- 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

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   (b) Such approval may be granted only on the written  request  of  the
 prospective  employer  of such retired person, which request shall state
 detailed reasons therefor related to the standards set forth herein, and
 on a finding, on evidence satisfactory to  the  appropriate  officer  or
 authority specified in paragraph (a) of this subdivision,
   (1)  that  the  retired  person is duly qualified, competent and phys-
 ically fit for performance of the duties of the position in which he  or
 she is to be employed and is properly certified where such certification
 is required;
   (2)  that  he  or  she will earn more than one thousand dollars in one
 year,  including  compensation  earned  in  such  position  under  other
 provisions  of  this  article  that  there are not readily available for
 recruitment persons qualified to perform the duties  of  such  position;
 [and (4);]
   (3)  that the prospective employer has prepared a detailed recruitment
 plan to fill such vacancy on a permanent basis;
   (4) that his or her employment is in the best interests of the govern-
 ment service; and
   (5)(i) that there is an urgent need for his or her  services  in  such
 position  as  a  result  of  an  unplanned, unpredictable and unexpected
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07915-01-9

 S. 4297                             2
 
 vacancy where sufficient time is not available to  recruit  a  qualified
 individual  and that such hiring shall be deemed as non-permanent rather
 than a final filling of such position; or
   (ii)  that  the prospective employer has undertaken extensive recruit-
 ment efforts to fill such vacancy and as a result  thereof,  has  deter-
 mined  that  there  are  no  available  non-retired persons qualified to
 perform the duties of such position.
   Such approvals 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;
 PROVIDED, HOWEVER, THAT WHEN THE APPROVAL IS FOR SUCH PERSON TO SERVE AS
 A  FIREFIGHTER,  POLICE  OFFICER  OR  EMERGENCY  MEDICAL TECHNICIAN, THE
 APPROVAL SHALL NOT BE SUBJECT TO THE TWO YEAR TIME LIMIT AND,  SHALL  BE
 GRANTED  FOR A PERIOD OF FIVE YEARS.  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 and shall apply to all
 applications pending approval on and after such date.