Senate Bill S7930

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7930
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 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 their 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 THEIR RETIREMENT ALLOWANCE OR BENE-
 FITS 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 retired firefighters who are  employed  as  fire
 science  instructors in a program approved by the New York State Depart-
 ment of Education to continue to receive their full retirement  benefit.
 Currently, the salary limit is $35,000.
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), if this bill were enacted during  the
 2025  Legislative  Session,  the  direct  cost  incurred  would  be  the
 retiree's pension benefit paid  while  post-retirement  earnings  exceed
 $35,000  each  calendar year. The pension benefit expected to be paid by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06246-02-5
              

 S. 7930                             2
 
 NYSLPFRS during that 9.5-month period is estimated  to  be  $64,500  per
 person.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS), if this bill were enacted during  the  2025
 Legislative Session, there would be additional costs in the form of lost
 employer  contributions  due  to  non-billable post-retirement earnings,
 which is estimated to be $19,400 per person.
   All costs will be shared by the State of New York and all  participat-
 ing  employers  in the retirement systems and spread over future billing
 cycles.
   Since this proposal exclusively benefits retirees, the increased costs
 are primarily attributable to retirees from Tiers 1 -  4.  Approximately
 half  the contributions required to fund this proposal will be collected
 on salary reported for current members of Tier 6.
   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  $83,900  is  expected.  If
 large  numbers  of retirees are rehired into such positions, significant
 annual costs would result.
   Summary of relevant resources:
   Membership data as of March 31, 2024 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 9, 2025, and intended for use  only  during
 the  2025  Legislative  Session,  is  Fiscal Note No. 2025-103. As Chief
 Actuary of the New York State and  Local  Retirement  System,  I,  Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble  Actuarial Standards of Practice as well as the Code of Professional
 Conduct and Qualification Standards for Actuaries Issuing Statements  of
 Actuarial  Opinion of the American Academy of Actuaries, of which I am a
 member.