S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4521--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced  by  Sens. KAPLAN, GALLIVAN, ADDABBO, FUNKE, GAUGHRAN, HARCK-
   HAM, JORDAN, KAMINSKY, MARTINEZ, MAYER,  SERINO,  SKOUFIS,  THOMAS  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Civil Service and  Pensions  --  recommitted  to  the
   Committee on Civil Service and Pensions in accordance with Senate Rule
   6,  sec. 8 -- 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
   annual  earnings  limitations  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.  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 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 CERTIFIED WHERE SUCH CERTIFICATION IS REQUIRED, SHALL BE
 $65,000 FOR THE YEAR TWO THOUSAND TWENTY AND THEREAFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Insofar  as this bill would affect the New York State and Local Police
 and Fire Retirement System (PFRS), this bill would allow retired  police
 officers  who  are  employed  by  a school district as a school resource
 officer, school safety officer, school security  officer  or  any  other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02406-07-0

 S. 4521--A                          2
 
 substantially  similar  position  or  office that is 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, the salary limit is $35,000.
   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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 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, 2019
 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 March 19, 2020, and intended for use only  during
 the  2020  Legislative  Session, is Fiscal Note No. 2020-86, prepared by
 the Actuary for the New York State and Local Retirement System.