S T A T E   O F   N E W   Y O R K
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                                 1098--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, SKOUFIS, PAULIN, SKARTADOS, MONTESANO,
  GRAF, CORWIN, RAIA, FRIEND -- Multi-Sponsored by --  M.  of  A.  COOK,
  CROUCH,  DUPREY, McLAUGHLIN, STEC, WALTER -- read once and referred to
  the Committee on Governmental Employees -- recommitted to the  Commit-
  tee 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
  the limitation for retired police officers employed as school resource
  officers

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

  Section 1.  Subdivision 3 of section 212 of the retirement and  social
security  law, as added by section 1 of part Y of chapter 55 of the laws
of 2013, is amended to read as follows:
  3. Notwithstanding the provisions of subdivisions one and two of  this
section,  [the  commissioner  of  education  may  determine, pursuant to
section two hundred eleven of this article, that] such earnings  limita-
tions  shall  not apply to a retired police officer employed by a school
district IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE  as  a  school
resource  officer, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
OTHER SUBSTANTIALLY SIMILAR POSITION  OR  OFFICE  THAT  IS  DESIGNED  TO
PROVIDE  SAFETY  AND/OR  SECURITY  ON SCHOOL GROUNDS, PROVIDED THAT SUCH
RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND  PHYSICALLY  FIT
FOR  PERFORMANCE  OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT AND IS PROPERLY  CERTI-
FIED WHERE SUCH CERTIFICATION IS REQUIRED.
  S 2. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  retired  police  officers to be employed by a
school district as a school safety officer, school security  officer  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01997-03-6
              

A. 1098--A                          2

any  other  substantially similar position and continue to receive their
full retirement benefit. Currently, this privilege is  only  allowed  to
retired police officers who are employed as a school resource officer.
  If  this bill is enacted, insofar as it will affect the New York State
and Local Police and Fire retirement System, we expect few  retirees  to
be affected. There would be negligible additional annual costs.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  estimate,  dated  January  26,  2016,  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-44,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.