The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4438
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
   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.
   Summary of relevant resources:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03624-02-1

 S. 4438                             2
 
   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.