New York A 8441: Removes post-retirement earnings restrictions for New York city department of corrections uniformed personnel

Bill Text

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A08441 Summary:

BILL NOA08441 

&nbsp

SAME ASSAME AS S07661

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §507-a, R & SS L

&nbsp

Removes post-retirement earnings restrictions for New York city department of correction uniformed personnel with respect to a retiree subsequent to such member's earliest eligibility date for service retirement.

Go to top A08441 Actions:

BILL NOA08441 

&nbsp

05/16/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA08441 Committee&nbspVotes:

Go to topA08441 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08441 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8441

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 16, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
 Committee on Governmental Employees

 AN ACT to amend the retirement and social security law, in relation to
 eligibility of uniformed personnel of the New York city department of
 correction for ordinary disability benefits

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 507-a of the retirement and social security law is
 2 amended by adding a new subdivision f to read as follows:
 3 f. Notwithstanding any other provision of law, there shall be no
 4 restrictions on the earnings from employment not in public service
 5 permitted to a member of the uniformed personnel of the New York city
 6 department of correction who:
 7 1. has retired pursuant to the provisions of this section; and
 8 2. was subject to the provisions of (i) subdivision d of section five
 9 hundred four of this article, (ii) subdivision c of section five hundred
 10 four-a of this article, or (iii) subdivision c of section five hundred
 11 four-b of this article prior to such member's retirement, subsequent to
 12 the date as of which such member would have been eligible for service
 13 retirement.
 14 § 2. This act shall take effect immediately.
 FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 SUMMARY: This proposed legislation would remove post-retirement earn-
 ings restrictions from private sector employment for certain retired
 uniformed personnel of the New York City Department of Correction who
 are receiving disability benefits from the New York City Employees'
 Retirement System (NYCERS) after reaching what would have been their
 service retirement eligibility date.
 CENSUS DATA: The number of retirees who will return to private sector
 service in the future is unknown and the amount of the pension allowance
 currently suspended is dependent on salary earned and pension allowance.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05924-02-5

 A. 8441 2

 The preliminary census data collected as of June 30, 2024 for the
 potentially impacted population- individuals who are member of
 Correction Officer 20-Year Plan, Correction Officer 25-Year Retirement
 Plan, or Correction Captain 20-Year Plan, and have reached their service
 retirement date- is summarized below.

 NYCERS
 Receiving Members
 -Number Count: 538
 -Average Age: 64.9
 -Average Benefit: 23,100

 BACKGROUND / IMPACT ON MEMBER BENEFITS: Currently, if a correction
 disability retiree's Personal Service Income (PSI) exceeds the limita-
 tion for the calendar year, then such retiree's disability pension is
 suspended for 12 months.
 NYCERS restricts the total calendar year Personal Service Income (PSI)
 resulting from all public and private employment for certain retirees,
 including certain Tier 3 correction officers who receive disability
 retirement benefits under RSSL Section 507-a (Correction Disability
 Retiree). The NYCERS PSI limitation for 2023 was $35,200 and increases
 each year with the Consumer Price Index. As of the date this Fiscal Note
 was released, the 2024 limit had not been published.
 Under the proposed legislation, Correction Disability Retirees who
 were Tier 3 correction members in the Early Service Retirement Benefit
 Plan for General Members, the Correction Officer 20-Year Plan,
 Correction Officer 25-Year Retirement Plan, or the Correction Captain
 20-Yea