Relates to employment of retired persons without diminution of retirement allowance and period of employment requested by the prospective employer

Title of bill

An act to amend the retirement and social security law, in relation to employment of retired persons without diminution of retirement allowance and period of employment requested by the prospective employer

Purpose or general idea of bill

The purpose of this legislation is to require that approvals of 211 waivers be granted for the period of time requested by the prospective employer.

Summary of specific provisions

Section 1 of the bill amends Section 211 of the Retirement and Social Security Law (RSSL) to require that when a prospective employer has submitted a written request for a Section 211 Waiver on behalf of a retired person, approval of such request shall be granted for the period of time requested by such prospective employer. According to the New York State Comptroller's Office, this bill does not incur additional costs to the New York State and Local Employees' Retirement and the New York State and Local Police and Fire Retirement System.

Section 2 sets the effective date.

Fiscal Note.

Justification

Pursuant to RSSL 211, public employers who wish to hire a person retired from public service at a salary exceeding the limitations set forth in RSSL 212, must submit a written request to the specified authority. For municipal employers outside of New York City, such request must be approved by the State Civil Service Commission. There have been instances where these approvals have been granted for periods less than the period requested by the prospective employer. This bill is necessary to ensure that prospective employers who make an application for a waiver pursuant to this section are either granted or denied the waiver for the amount of time requested in the application.

In some recent situations with law enforcement. personnel, the Commissioner has granted waivers for shorter periods of time than those requested by the employer. As a result of the reduction by the Commissioner, long-term, confidential investigations have been abandoned or compromised. In many situations with District Attorney's Investigators, the employer intended to engage in a long term investigation with the applicant, yet, was unable to do so due to the risk of the applicant having to reapply for another waiver before the investigation is completed. As mentioned in Governor Paterson's approval memo regarding waivers for law enforcement when this Section was enacted, "Indeed, the productive use of the investigative skills possessed by such an officer. is the epitome of what section 211 seeks to achieve." Accordingly, this amendment will avoid these unintended consequences in the future.

Prior legislative history

New Bill.

Fiscal implications

There are no additional costs to the New York State and Local Employees' Retirement and the New York State and Local Police and Fire Retirement System. EFFECTIVE DATE : Immediately.