S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8459
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 8, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   annual  earnings limitations for retired police officers employed by a
   police department as part-time police officers or by a school district
   as school resource officers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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,  SUCH  ANNUAL EARNINGS LIMITATIONS FOR A RETIRED POLICE OFFICER
 EMPLOYED BY A POLICE DEPARTMENT AS  A  PART-TIME  POLICE  OFFICER  OR  A
 RETIRED POLICE OFFICER EMPLOYED BY A SCHOOL DISTRICT IN EITHER THE CLAS-
 SIFIED  OR  UNCLASSIFIED  SERVICE  AS  A SCHOOL RESOURCE OFFICER, SCHOOL
 SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY OTHER SUBSTANTIALLY SIMI-
 LAR POSITION OR OFFICE THAT IS DESIGNED TO PROVIDE SAFETY AND/OR SECURI-
 TY 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 CERTIFIED WHERE  SUCH  CERTIFICATION  IS
 REQUIRED, SHALL BE $65,000 FOR THE YEAR TWO THOUSAND NINETEEN AND THERE-
 AFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Insofar  as  this bill will affect the New York State and Local Police
 and Fire Retirement System (PFRS), this bill will allow  retired  police
 officers  who  are employed by a police department as a part-time police
 officer or retired police officers who are employed by a school district
 as a school resource officer, school  safety  officer,  school  security
 officer  or  any  other substantially similar position or office that is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13050-02-9

 A. 8459                             2
 
 designed to provide safety and/or security on  school  grounds  with  an
 annual  salary  of  $65,000  or  less  to continue to receive their full
 retirement benefit. Currently, retired police  officers  employed  by  a
 school  district  as a school resource officer are allowed to earn up to
 $30,000 and receive their full retirement benefit.
   If this bill is enacted, we expect few retirees to be affected.  There
 would  be  negligible additional annual costs. However, if large numbers
 of retirees are hired into such positions,  there  would  be  additional
 annual  costs  which would be shared by the state of New York and all of
 the participating employers in the PFRS.
   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, 2018 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017  and  2018  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, 2018
 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 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 June 7, 2019, and intended for  use  only  during
 the  2019  Legislative Session, is Fiscal Note No. 2019-135, prepared by
 the Actuary for the New York State and Local Retirement System.