Senate Bill S4167

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4167
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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
   annual earnings limitations for retired police 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  OR A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, 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 OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH  CERTIFICATION
 IS  REQUIRED,  SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR TWO THOUSAND
 TWENTY-ONE 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 with an annual salary of $50,000 or  less
 and  continue  to  receive their full retirement benefit. Currently, the
 salary limit is $35,000.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03617-02-1
              

 S. 4167                             2
 
   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:
   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 21,  2021,  and  intended  for  use  only
 during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-51,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.