S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3099--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, ADDABBO, FELDER, GALLIVAN, GAUGHRAN, HARCK-
   HAM, JORDAN, KAMINSKY, MANNION, MAYER, SKOUFIS, THOMAS --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on Civil Service and Pensions -- recommitted to the Committee on Civil
   Service  and  Pensions  in  accordance  with  Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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-TWO 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  (NYSLPFRS), 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04833-05-2
              

 S. 3099--A                          2
 
 other substantially similar position  or  office  that  is  designed  to
 provide  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 NYSLPFRS.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 28, 2022, and intended for use only  during
 the  2022  Legislative Session, is Fiscal Note No. 2022-111, prepared by
 the Actuary for the New York State and Local Retirement System.