NY State Senate Bill 2009-S1023

Senate Bill S1023

2009-2010 Legislative Session

Waives earnings limits for any person who retired from NYC police pension fund subchapter 2 on or before 11/9/94 based on employment in office of NYC public advocate

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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
Jan 06, 2010	referred to civil service and pensions
Jan 22, 2009	referred to civil service and pensions

2009-S1023 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service

2009-S1023 (ACTIVE) - Summary

Waives earnings limitations in retirement for any person who retired from NYC police pension fund subchapter 2 on or before 11/9/94 and who subsequently becomes employed in the office of the public advocate of the city of New York, without diminution of the existing retirement allowance, effective beginning with the whole of the calendar year in which this bill becomes a law.

2009-S1023 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1023

 TITLE OF BILL :
An act in relation to providing a waiver of retiree earnings
limitations for any person age sixty-eight or older in a calendar year
who retired on or before November 9, 1994 who is or who becomes
employed in the office of the public advocate of the city of New York
and who is otherwise entitled to receive pension benefits from the New
York city police pension fund subchapter 2

 PURPOSE/SUMMARY OF PROVISIONS :
Notwithstanding the provision of section 212 of the retirement and
social security law which provides that there shall be no earning
limitations under the provisions of such section on or after the
calendar year in which any retired person attains age seventy, in the
case of any person who retired from service from the New York city
police pension fund, subchapter two on or before November 9, 1994, and
who elects the benefits of such section 212 based upon his or her
employment in the office of the public advocate of the city of New
York, there shall be no earning limitations in such employment under
the provisions of such section 212 on or after the calendar year in
which such retired person attains age sixty-eight, or calendar year
2002, whichever is later.

 JUSTIFICATION :
The New York City Public Advocate is one of three citywide elected

officials. Under the New York City Charter, the Public Advocate plays
a number of roles, including those of ombudsman, presiding officer of
the City Council, and monitor of Charter compliance issues. As
ombudsman, the Public Advocate must process and respond to individual
grievances, as well as identify and investigate recurring or citywide
problems. This latter function may involve monitoring the operation of
the public and service complaint programs of city agencies. As the
official responsible for ensuring that City government comply with the
provisions of the 1989 City Charter, the Public Advocate must
investigate violation of the Charter, and issue reports on the
progress of implementation.  Finally, as presiding officer of the City
Council, the Public Advocate can play an active role in introducing
and sponsoring legislation. In performance of these duties, the Public
Advocate will periodically conduct confidential investigations, hold
public hearings, and generate studies and reports on systemic
problems. Of critical importance to the effectiveness of the Office of
the Public Advocate is the selection of his/her Chief of Staff.
However, there has been difficulty at times in obtaining a qualified
candidate without an eligibility conflict related to pension issues. A
waiver of Section 211 of the New York Retirement and Social Security
Law would be required in order for a Chief of Staff to collect a
salary without pension allowance being diminished. This legislation
seeks that remedy.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately and shall be deemed to apply as
provided in, and subject to the terms and conditions of, section one
of this act.

2009-S1023 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1023

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT in relation to providing a waiver of retiree earnings limitations
  for any person age sixty-eight or older in a calendar year who retired
  on or before November 9, 1994 who is or who becomes  employed  in  the
  office  of  the  public  advocate  of  the city of New York and who is
  otherwise entitled to receive pension benefits from the New York  city
  police pension fund subchapter 2

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the following conditions and notwithstanding any
other provision of general or special law, local law and/or charter, the
earnings limitations contained in any such general or special law, local
law and/or charter and applicable to the  employment  of  persons  in  a
position  or  positions  in  public  service  in any calendar year while
retired and receiving a retirement allowance  shall  not  apply  to  any
person during the whole of any calendar year beginning with the calendar
year  in  which this act shall have become a law or the calendar year in
which an election is first made pursuant to this act, whichever  is  the
later,  who  meets  all  of  the following requirements; such person may
continue as retired and without loss, suspension or diminution of his or
her retirement allowance, provided: (a) during that calendar  year  such
person  has  attained  or will attain 68 years of age or older, (b) such
person retired on or before November 9, 1994 while a member of  the  New
York  city  police  pension  fund,  subchapter  2, (c) such person is or
during the calendar year becomes employed in the office  of  the  public
advocate of the city of New York, (d) such person is entitled to receive
a  retirement  allowance from such police pension fund immediately prior
to the commencement date of such employment in the office of the  public
advocate  of the city of New York, and (e) such retired person who is or
becomes employed subject to this act executes and  files  with  the  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06809-01-9

S. 1023                             2

York  city  police  pension fund, subchapter 2, within 60 days after the
commencement date of such employment, or if employed in  the  office  of
public  advocate of the city of New York on the date this act shall have
become a law, within 60 days after the date this act shall have become a
law,  a statement that such person elects to have the provisions of this
act apply to such person. A statement of  election  executed  and  filed
pursuant  to  this  act may be withdrawn by such person at any time by a
statement executed and filed with such police pension fund.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
apply  as  provided  in,  and  subject  to  the terms and conditions of,
section one of this act.

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