Senate Bill S8452

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8452
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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
   annual earnings limitations for retired correctional 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  CORRECTIONAL
 OFFICER  EMPLOYED  BY  A  SCHOOL  DISTRICT  IN  EITHER THE CLASSIFIED OR
 UNCLASSIFIED SERVICE AS A SCHOOL RESOURCE OFFICER, SCHOOL  SAFETY  OFFI-
 CER, 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 CORRECTIONAL OFFICER IS DULY  QUALI-
 FIED,  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 FIFTY THOUSAND DOLLARS  FOR  THE  YEAR  TWO  THOUSAND
 EIGHTEEN AND THEREAFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will allow retired correctional 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 with
 an annual salary of $50,000 or less and continue to receive  their  full
 retirement benefit. Currently the salary limit is $30,000.
   If  this bill is enacted, insofar as it will affect the New York State
 and Local Employees' Retirement System (ERS), 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 ERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15247-02-8

 S. 8452                             2
 
   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, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2017
 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 April 23, 2018, and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-86,  prepared  by
 the Actuary for the New York State and Local Retirement System.