S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6844--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2021
                                ___________
 
 Introduced by M. of A. THIELE, HAWLEY, MIKULIN, STERN, McDONOUGH, BRABE-
   NEC -- read once and referred to the Committee on Governmental Employ-
   ees  --  recommitted  to  the  Committee  on Governmental Employees in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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-TWO 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 (NYSLPFRS), 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  substantially  similar  position  or  office  that is designed to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04833-06-2
              

 A. 6844--A                          2
 
 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 NYSLPFRS.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 28, 2022, and intended for use only  during
 the  2022  Legislative Session, is Fiscal Note No. 2022-111, prepared by
 the Actuary for the New York State and Local Retirement System.