Bill Text: NY A07261 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to criminal justice faculty employed by a community college.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Vetoed) 2019-12-13 - VETOED MEMO.219 [A07261 Detail]

Download: New_York-2019-A07261-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7261
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
        AN  ACT  to amend the retirement and social security law, in relation to
          criminal justice faculty employed by a community college
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  211 of the retirement and social security law is
     2  amended by adding a new subdivision 9 to read as follows:
     3    9. Any person employed by a community  college  as  a  faculty  member
     4  under  a criminal justice program of the state university of New York or
     5  city university of New York who retired from public employment  while  a
     6  member  of  the  New  York  state  and  local police and fire retirement
     7  system, the New York city police pension fund, or the New York city fire
     8  department pension fund and who is  entitled  to  receive  a  retirement
     9  allowance  from such retirement system prior to the commencement date of
    10  such employment by a community college shall automatically be deemed  to
    11  have  been  granted  a waiver of retirement earnings limitation and such
    12  person may be employed by a community college without  loss,  suspension
    13  or  diminution  of his or her retirement allowance.  Any person employed
    14  by a community college as a faculty  member  under  a  criminal  justice
    15  program  of  the  state university of New York or city university of New
    16  York who has not retired as a member of the New  York  state  and  local
    17  police  and  fire  retirement  system,  the New York city police pension
    18  fund, or the New York city fire department pension fund shall not  auto-
    19  matically be deemed to have been granted a waiver of retirement earnings
    20  limitation.
    21    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill will allow certain retirees of the New York State and Local
        Police and Fire Retirement System (NYSLPFRS), the New York  City  Police
        Pension  Fund  (NYCPPF),  and  the New York City Fire Department Pension
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06636-02-9
        A. 7261                             2
        Fund (NYCFDPF) to work in a community college as a faculty member  of  a
        criminal  justice  program  of  the state university of New York or city
        university of New York to automatically be deemed to have been granted a
        waiver  of  retirement  earnings  limitation without loss, suspension or
        diminution of his or her retirement allowance. Any such person  employed
        who has not retired from the NYSLPFRS, NYCPPF or NYCFDPF shall not auto-
        matically be deemed to have been granted a waiver of retirement earnings
        limitation.
          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. 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 System.
          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 March 5, 2019, and intended for use only during
        the 2019 Legislative Session, is Fiscal Note No.  2019-87,  prepared  by
        the Actuary for the New York State and Local Retirement System.