The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5499
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10131-01-1

 S. 5499                             2
 
 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:
   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.