The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 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.