S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4782
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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 10 to read as follows:
   10. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05423-01-3
 A. 4782                             2
              

 
 PERSON  IS  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.