NY State Assembly Bill 2023-A5846B

Assembly Bill A5846B

2023-2024 Legislative Session

Provides earnings limitations for retired police officers employed part-time by certain municipalities

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2024	print number 5846b
Mar 13, 2024	amend and recommit to governmental employees
Jan 03, 2024	referred to governmental employees
Apr 19, 2023	print number 5846a
Apr 19, 2023	amend (t) and recommit to governmental employees
Mar 23, 2023	referred to governmental employees

Bill Amendments

Original

B (Active)

2023-A5846 - Details

See Senate Version of this Bill:: S4905
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §212, R & SS L

2023-A5846 - Summary

Provides earnings limitations for retired police officers employed part-time by municipalities with a population of less than 25,000; permits such officer to work up to five hundred twenty hours in any consecutive six-month period, with no suspension or diminution of retirement allowance; establishes villages or towns shall report such hours and salary earned on a monthly basis.

2023-A5846 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5846
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   calculating the earnings limitations for retired law enforcement offi-
   cers  employed  part-time by certain municipalities; and providing for
   the repeal of such provisions upon expiration thereof
 
   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  EARNINGS  LIMITATIONS  SHALL  NOT APPLY TO A RETIRED LAW
 ENFORCEMENT OFFICER EMPLOYED PART-TIME AS A LAW ENFORCEMENT OFFICER IN A
 MUNICIPALITY WITH A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND,  WHERE
 AT  LEAST  SEVENTY  PERCENT  OF  SUCH  MUNICIPALITY'S ACTIVE-DUTY POLICE
 FORCE, NOT INCLUDING CIVILIAN STAFF,  CONSISTS  OF  PART-TIME  OFFICERS.
 SUCH  PART-TIME  OFFICER  SHALL  BE PERMITTED TO WORK UP TO TWENTY HOURS
 WEEKLY, OR ONE THOUSAND FORTY HOURS  ANNUALLY,  WITH  NO  SUSPENSION  OR
 DIMINUTION OF RETIREMENT ALLOWANCE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2028.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09569-01-3

2023-A5846A - Details

See Senate Version of this Bill:: S4905
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §212, R & SS L

2023-A5846A - Summary

2023-A5846A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5846--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Governmental Employees -- 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
   calculating the  earnings  limitations  for  retired  police  officers
   employed part-time by certain municipalities
 
   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 EARNINGS LIMITATIONS SHALL NOT APPLY TO A  RETIRED  POLICE
 OFFICER EMPLOYED PART-TIME AS A POLICE OFFICER IN A VILLAGE OR TOWN WITH
 A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND AS DETERMINED BY THE MOST
 RECENT  FEDERAL DECENNIAL CENSUS, WHERE AT LEAST SEVENTY PERCENT OF SUCH
 VILLAGE OR TOWN'S  ACTIVE-DUTY  POLICE  FORCE,  NOT  INCLUDING  CIVILIAN
 STAFF,  CONSISTS  OF  PART-TIME  OFFICERS. SUCH PART-TIME POLICE OFFICER
 SHALL BE PERMITTED TO WORK UP  TO  FIVE  HUNDRED  TWENTY  HOURS  IN  ANY
 CONSECUTIVE SIX-MONTH PERIOD IN A CALENDAR YEAR BASED ON HOURS WORKED AS
 REPORTED  BY  THE VILLAGE OR TOWN ON A MONTHLY BASIS, WITH NO SUSPENSION
 OR DIMINUTION OF RETIREMENT ALLOWANCE. ANY VILLAGE OR TOWN THAT HIRES  A
 RETIRED  POLICE  OFFICER  PURSUANT TO THIS SUBDIVISION SHALL REPORT SUCH
 OFFICER'S DAYS WORKED AND SALARY EARNED TO THE NEW YORK STATE AND  LOCAL
 POLICE AND FIRE RETIREMENT SYSTEM ON A MONTHLY BASIS.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Insofar  as  it  would  affect the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), this bill would allow retired  police
 officers  to continue to receive their full retirement benefit even when
 reemployed as a police officer on a part-time basis for up to 520  hours
 in any consecutive six-month period, provided that such employment is by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09569-06-3

 A. 5846--A                          2
 
 a  village  or  town  where  (1)  the  municipal population is less than
 25,000, and (2) at least 70% of the police force is employed on a  part-
 time basis. Currently, the post-retirement earnings limit is $35,000.
   If  this  bill  were  enacted during the 2023 legislative session, the
 direct cost incurred would be  the  retiree's  post-retirement  earnings
 more  than  $35,000  each  calendar year, not to exceed the full pension
 benefit paid by the NYSLPFRS during that period.
   The number of members and retirees  who  could  be  affected  by  this
 legislation  cannot  be readily determined. For an average retiree hired
 pursuant to this proposal, an annual cost of $40,000 is expected.
   In addition to the direct costs quoted above, insofar as this proposal
 disrupts the usual pattern and timing of employee turnover (that is,  if
 members  retire  earlier than assumed and participating employers hire a
 retiree instead of a new billable member),  shifts  in  member  behavior
 could  generate losses that increase the average billing rate in 20-year
 and 25-year service-based plans from 27.8% to 30.8%. The actual increase
 in billing rates will depend upon member and employer utilization,  with
 the rate above representing an upper limit.
   Further,  we  anticipate  additional administrative costs to implement
 the provisions of this legislation.
   Based on the 2020 census, approximately 95% of towns and  villages  in
 New  York State would satisfy the population requirement associated with
 this proposal. These employers represent approximately 20% of the  total
 NYSLPFRS membership.
   All  costs will be shared by the State of New York and all participat-
 ing employers in the NYSLPFRS and spread  over  future  billing  cycles.
 Since  this  proposal exclusively benefits retirees, the increased costs
 are primarily attributable to retirees from Tiers 1 through 3.  Approxi-
 mately  half  the  contributions  required to fund this proposal will be
 collected on salary reported for current members of Tier 6.
   Summary of relevant resources:
   Membership data as of March 31, 2022 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2020,
 2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2022
 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 April 17, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No.  2023-89,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2023-A5846B (ACTIVE) - Details

See Senate Version of this Bill:: S4905
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §212, R & SS L

2023-A5846B (ACTIVE) - Summary

2023-A5846B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5846--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Governmental Employees -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Governmental Employees  in  accordance
   with  Assembly  Rule  3, sec. 2 -- 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
   calculating  the  earnings  limitations  for  retired  police officers
   employed part-time by certain municipalities
 
   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  EARNINGS LIMITATIONS SHALL NOT APPLY TO A RETIRED POLICE
 OFFICER, WHO HAS  RETIRED  AFTER  HAVING  TWENTY-FIVE  YEARS  OF  VESTED
 SERVICE IN A POLICE PENSION SYSTEM THAT FULLY VESTS AT TWENTY YEARS, WHO
 IS  EMPLOYED  PART-TIME  AS A POLICE OFFICER IN A VILLAGE OR TOWN WITH A
 POPULATION OF LESS THAN TWENTY-FIVE THOUSAND AS DETERMINED BY  THE  MOST
 RECENT  FEDERAL DECENNIAL CENSUS, WHERE AT LEAST SEVENTY PERCENT OF SUCH
 VILLAGE OR TOWN'S  ACTIVE-DUTY  POLICE  FORCE,  NOT  INCLUDING  CIVILIAN
 STAFF,  CONSISTS  OF  PART-TIME  OFFICERS. SUCH PART-TIME POLICE OFFICER
 SHALL BE PERMITTED TO WORK UP  TO  FIVE  HUNDRED  TWENTY  HOURS  IN  ANY
 CONSECUTIVE SIX-MONTH PERIOD IN A CALENDAR YEAR BASED ON HOURS WORKED AS
 REPORTED  BY  THE VILLAGE OR TOWN ON A MONTHLY BASIS, WITH NO SUSPENSION
 OR DIMINUTION OF RETIREMENT ALLOWANCE. ANY VILLAGE OR TOWN THAT HIRES  A
 RETIRED  POLICE  OFFICER  PURSUANT TO THIS SUBDIVISION SHALL REPORT SUCH
 OFFICER'S DAYS WORKED AND SALARY EARNED TO THE NEW YORK STATE AND  LOCAL
 POLICE AND FIRE RETIREMENT SYSTEM ON A MONTHLY BASIS.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative law, Section 50:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09569-09-4

 A. 5846--B                          2
 
   Insofar  as  it  would  affect the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), this bill would allow retired  police
 officers to continue to receive their full retirement benefit when reem-
 ployed  as  a police officer on a part-time basis for up to 520 hours in
 any  consecutive  six-month period. Provided, however, that such employ-
 ment is by a village or town where (1) the municipal population is  less
 than  25,000,  and (2) at least 70% of the police force is employed on a
 part-time basis. Such retired police officers  must  also  have  retired
 with  at  least  twenty-five  years  of  service credit on a twenty-year
 retirement plan to be eligible for this benefit. Currently, the post-re-
 tirement earnings limit is $35,000.
   If this bill were enacted during the  2024  Legislative  Session,  the
 direct  cost  incurred would be the retiree's pension benefit paid while
 post-retirement earnings are greater than $35,000  each  calendar  year.
 The  pension  benefit  expected  to  be paid by the NYSLPFRS during that
 7-month period is estimated to be $46,500 per person.
   In addition to the direct cost quoted above, there would be additional
 costs in the form of lost employer  contributions  due  to  non-billable
 post-retirement earnings, which is estimated to be $14,000 per person.
   Further,  we  anticipate  additional administrative costs to implement
 the provisions of this legislation.
   All costs will be shared by the State of New York and all  participat-
 ing employers in the NYSLPFRS and spread over future billing cycles.
   The  number  of  members  and  retirees  who could be affected by this
 legislation cannot be  readily  determined.  For  each  retiree  rehired
 pursuant  to  this  proposal,  an annual cost of $60,500 is expected. If
 large numbers of retirees are rehired into such  positions,  significant
 annual costs would result.
   Based  on  the 2020 census, approximately 95% of towns and villages in
 New York State would satisfy the population requirement associated  with
 this  proposal. These employers represent approximately 20% of the total
 NYSLPFRS membership.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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 8, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-113,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2023-A5846C (ACTIVE) - Details

See Senate Version of this Bill:: S4905
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §212, R & SS L

2023-A5846C (ACTIVE) - Summary

2023-A5846C (ACTIVE) - Bill Text download pdf

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