S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9300
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   allowing retired state police officers to serve as police officers for
   local police departments without diminution of retirement benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 7 of paragraph (a) of subdivision 2 of section
 211 of the retirement and social security law, as amended by chapter 840
 of  the  laws  of  1983, is amended and a new subparagraph 8 is added to
 read as follows:
   (7) the chief administrator of the courts if  such  person  is  to  be
 employed  in  a  judicial  or  nonjudicial position in the unified court
 system[.]; OR
   (8) THE SUPERINTENDENT OF STATE POLICE, IF SUCH  PERSON  IS  A  FORMER
 STATE  POLICE  OFFICER  TO  BE  EMPLOYED AS A POLICE OFFICER FOR A LOCAL
 POLICE DEPARTMENT.
   § 2. Subparagraph 2 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:
   (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. Section 211 of the retirement and social security law is  amended
 by adding a new subdivision 9 to read as follows:
   9. FOR PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, A
 RETIRED  PERSON WHO SERVED AS A POLICE OFFICER FOR THE DIVISION OF STATE
 POLICE IS NOT IN SERVICE OF A FORMER EMPLOYER IF SUCH RETIRED PERSON  IS
 SERVING  AS  A  LOCAL  POLICE  OFFICER  AFTER  RETIREMENT FROM THE STATE
 POLICE.
   § 4. Section 212 of the retirement and social security law is  amended
 by adding a new subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10131-01-1
 A. 9300                             2
 
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, THE SUPERINTENDENT OF STATE POLICE MAY DETERMINE,  PURSUANT  TO
 SECTION  TWO  HUNDRED ELEVEN OF THIS ARTICLE, THAT SUCH EARNINGS LIMITA-
 TIONS SHALL NOT APPLY TO A RETIRED STATE POLICE OFFICER  EMPLOYED  BY  A
 LOCAL POLICE DEPARTMENT AS A POLICE OFFICER.
   § 5. This act shall take effect immediately.