S T A T E   O F   N E W   Y O R K
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                                  4438--A
     Cal. No. 861
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced by Sens. SKOUFIS, HELMING, JACKSON, MARTUCCI, RITCHIE -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Civil Service and Pensions -- recommitted to the  Commit-
   tee  on  Civil  Service and Pensions in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee and committed to  the
   Committee  on  Finance  --  reported  favorably  from  said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03624-03-2
 S. 4438--A                          2
 
 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:
   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 May 11, 2022, and intended for  use  only  during
 the  2022  Legislative Session, is Fiscal Note No. 2022-128, prepared by
 the Actuary for the New York State and Local Retirement System.