S T A T E O F N E W Y O R K
________________________________________________________________________
6452
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. GUNTHER, PICHARDO, COLTON, STECK, MONTESANO,
FRIEND -- Multi-Sponsored by -- M. of A. LUPARDO -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
authorizing retired firefighters to be employed as instructors of fire
sciences by a career and technical education center without diminution
of his or her retirement benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 214-c to read as follows:
§ 214-C. EMPLOYMENT OF CERTAIN RETIRED PERSONS WHO RETIRED FROM FIRE
SERVICE. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR THE
PROVISIONS OF ANY STATE OR LOCAL LAW OR CHARTER TO THE CONTRARY, NO
RETIRED PERSON WHO RETIRED FROM FIRE SERVICE AS A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE NEW YORK FIRE
DEPARTMENT PENSION FUND, AND WHO IS EMPLOYED BY A CAREER AND TECHNICAL
EDUCATION CENTER AS AN INSTRUCTOR IN A FIRE SCIENCE PROGRAM APPROVED BY
THE EDUCATION DEPARTMENT, SHALL HAVE HIS OR HER RETIREMENT ALLOWANCE OR
BENEFITS SUSPENDED OR REDUCED BECAUSE OF COMPENSATION EARNED BY SUCH
RETIRED PERSON FROM SERVICE AS A FIRE SCIENCE INSTRUCTOR.
§ 2. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would allow retirees from the New York State and Local
Police and Fire Retirement System or the New York City Fire Department
Pension Fund retired from fire service to work as a fire science
instructor in a program approved by the New York State Department of
Education and to continue to receive their retirement benefit.
If this bill is enacted, insofar as it will affect the New York State
and Local Police and Fire Retirement System, we expect few retirees to
be affected. Any additional annual costs will therefore be negligible.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03624-02-1
A. 6452 2
Summary of relevant resources:
Membership data as of March 31, 2020 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2020 actuari-
al valuation. Distributions and other statistics can be found in the
2020 Report of the Actuary and the 2020 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
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, 2020
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 January 29, 2021, and intended for use only
during the 2021 Legislative Session, is Fiscal Note No. 2021-61,
prepared by the Actuary for the New York State and Local Retirement
System.