What's happening
This bill extends re-employment approval for retired firefighters, police officers, and EMTs from two to five years.
Why it matters
Addresses public safety staffing shortages. By allowing retired firefighters, police officers, and EMTs to be re-employed for up to five years without losing retirement benefits, the bill helps municipalities fill critical roles that are often hard to staff, especially during emergencies or periods of high turnover.
Increases flexibility for local governments. The extension provides more time for agencies to conduct recruitment and training of new personnel, reducing the pressure to quickly fill specialized positions and enabling a smoother transition.
May impact pension system costs and workforce dynamics. Longer re-employment periods for retirees could have financial implications for retirement systems and may influence the overall age and experience level of frontline public safety personnel, affecting succession planning and opportunities for newer workers.
Applies retroactively to pending applications. The bill’s provisions are not just prospective—they also apply to applications for re-employment that are already pending, potentially benefiting individuals and agencies awaiting approval as the law changes.
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Who cares
Headline styles
Let Retirees Keep Pensions Working
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4297
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sens. AKSHAR, ORTT -- 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 employment of retired persons without diminution of retirement allowance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 2 of section 211 of the retirement and social security law, as amended by chapter 640 of the laws of 2008, is amended to read as follows:
(b) Such approval may be granted only on the written request of the prospective employer of such retired person, which request shall state detailed reasons therefor related to the standards set forth herein, and on a finding, on evidence satisfactory to the appropriate officer or authority specified in paragraph (a) of this subdivision,
(1) that the retired person is duly qualified, competent and physically fit for performance of the duties of the position in which he or she is to be employed and is properly certified where such certification is required;
(2) that he or she will earn more than one thousand dollars in one year, including compensation earned in such position under other provisions of this article that there are not readily available for recruitment persons qualified to perform the duties of such position; [and (4);]
(3) that the prospective employer has prepared a detailed recruitment plan to fill such vacancy on a permanent basis;
(4) that his or her employment is in the best interests of the government service; and
(5)(i) that there is an urgent need for his or her services in such position as a result of an unplanned, unpredictable and unexpected
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07915-01-9
S. 4297 2
vacancy where sufficient time is not available to recruit a qualified individual and that such hiring shall be deemed as non-permanent rather than a final filling of such position; or
(ii) that the prospective employer has undertaken extensive recruitment efforts to fill such vacancy and as a result thereof, has determined that there are no available non-retired persons qualified to perform the duties of such position.
Such approvals may be granted for periods not exceeding two years each, provided that such person may not return to work in the same or similar position for a period of one year following retirement; provided, however, that when the approval is for such person to serve as a firefighter, police officer or emergency medical technician, the approval shall not be subject to the two year time limit and, shall be granted for a period of five years. The authority or officer specified in paragraph (a) of this subdivision, upon approving employment of a retired person under this section, shall certify such approval to the retirement system or pension plan from which such person is receiving a retirement allowance.
§ 2. This act shall take effect immediately and shall apply to all applications pending approval on and after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
Purpose
This legislation removes the two-year time limit restriction on Retire- ment and Social Security Law section 211 for retirees seeking to be hired as a firefighter, police officer, or emergency medical technician.
Summary of provisions
Section one of this bill amends paragraph (b) of subdivision 2 of section 211 of the Retirement and Social Security Law to provide th at the waiver granted for retirees seeking to serve as a firefighter, police officer or emergency medical technician is not subject to the two-year time limit, and at the request of the prospective employer, the waiver shall be granted for a period of five years.
Section two of this bill provides that this act shall take effect imme- diately and shall apply to all applications pending approvals on and after such date.
Existing law
Currently, Retirement and Social Security Law section 211 waivers for retirees are granted two-year periods.
Justification
While the current law is intended to protect taxpayers from pension abuses, public safety and public health remain a critical issue in muni- cipalities throughout New York State. In municipalities that require all eligible men and women to serve the public in an effort to keep their towns safe and operating smoothly, it is important such municipalities are not restricted from hiring well-experience d firefighters, police offers, and/or emergency medical technicians. This legislation allows municipalities an opportunity to hire retirees without forcing them to jump through unnecessary hurdles, such as the two-year time limit restriction.
Prior legislative history
S.3552 of 2017(Golden) - Passed Senate S.3552 of 2018(Golden) - Passed Senate
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall apply to all applica- tions pending approvals on and after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.