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History
- Print number 5857a
- Amend and recommit to governmental employees
- Referred to governmental employees
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to certified school counselors and the recovery of disability beneficiaries
In Senate Committee · Civil Service And Pensions · Sponsor Joseph A. Griffo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A5857A
Title of bill
An act to amend the retirement and social security law, in relation to certified school counselors and the recovery of disabili- ty beneficiaries
Purpose or general idea of bill
This bill would relate to certified school counselors and the recovery of disability beneficiaries.
Summary of specific provisions
Section One and two of this bill adds a new subdivision e-2 to Section 102 of the retirement and social security law to allow a retiree of the New York state and local employees' retirement system and subdivision f-2 to Section 402, for retirees of the New York state and local employees' retirement system, who are retired on disability allowance, are certified school counselors in this state and who return to gainful employment as a school counselor at the elementary and secondary school level in this state to continue to receive the full amount of his or her retirement allowance. Section Three provides for an immediate effective date.
Justification
Under current law, a "retired person" may not return to public service without loss, suspension or diminution of their retire- ment allowance. Narrow exceptions to this general prohibition are provided by sections 102 and 402 of the RSSL. While existing exceptions provide some opportunity for employers to hire retirees, this is not the case in most instances. As a result the public may be denied the oppor- tunity to have qualified, experienced individuals serve in such posi- tions.
At present, career public servants of the state and local government, who have dedicated their lives to improving the quality of life for all New Yorkers, are precluded in most instances from returning to public service. However, retirees from the private sector, or from the public service in other states or federal level, have no such limitations. Current law discriminates against individuals based solely on their commitment to state and local public service, regardless of qualifica- tions.
This bill seeks to enlarge the pool of prospective school counselors in this state by allowing a disabled retired public employee who is certi- fied as a school counselor in our public school system to do so without any earnings limitations as currently set forth in Sections 102 and 402 of the RSSL.
Prior legislative history
2009: A.5857 - Referred to the Assembly Governmental Employees Cmte. 2008: A.11078 - Referred to the Assembly Governmental Employees Cmte.
Fiscal implications
If this bill is enacted, insofar as it will affect the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System, the Actuary for the State of New York retirement systems expects few retirees to be
affected. There would be negligible additional annual costs. (Fiscal Note 2010-69)
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.