Removes limitations pertaining to certain retirees earnings

2 Co-sponsors

• Joseph P. Addabbo Jr.
• Antoine M. Thompson

Title of bill

An act to amend the retirement and social security law, in relation to removing limitations pertaining to certain retirees earnings

Purpose

This legislation removes the reference to subdivision c of section 605 of the retirement and social security law from section 607-b of the retirement and social security law.

Summary of provisions

This bill would remove the reference to subdivision c of section 605 of the retirement and social security law from section 607-b of the retirement and social security law.

Existing law

In May 2008, the New York City Employees' Retirement System (NYCERS) promulgated a reinterpretation of RSSL §607-b pertaining to post-retirement earnings limitations for EMT's employed by the City of New York or by the New York City Health and Hospitals Corporation found eligible for performance of duty disability pensions. This resulted in the Unions of the affected members suing the City and the retirement system. The parties reached an agreement to seek sponsorship for legislation in the state legislature to remedy the problem.

Justification

Section 607-b of the retirement and social security law was added in 1998 to provide a performance of duty disability benefit for employees of the city of New York or the New York City health and hospitals corporation who were injured in the performance of their duties as emergency medical technicians or advanced emergency medical technicians. These individuals may be able to be gainfully employed despite the fact they are unable to perform emergency medical technician work as a result of their injury. This bill would clarify conflicting interpretations of the law to allow emergency medical technicians and advanced emergency medical technicians to work in non-emergency medical technician employment, and remove the bar to any gainful employment currently set forth in section 605-c. The bill codifies that which had been the practice for ten years since the enactment of section 607-b.

Legislative history

New Bill.

Fiscal implications

According to the actuary of the City of New York the change in employer costs and employer contributions to NYCERS to be de minimis. As of June 30th, 2008 there were approximately 230 EMT with retired on accidental disability who could potentially be impacted by this proposed legislation.

Effective date

Immediately and shall be deemed to have been in full force and effect on and after January 1, 2009.