S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2946
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens. BOYLE, GALLIVAN -- 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
   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.
   § 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
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02989-02-7
              

 S. 2946                             2
 
   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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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 12, 2017 and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No. 2017-6, prepared by the
 Actuary for the New York State and Local Retirement System.