An act to amend the retirement and social security law, in relation to
increasing the earning limitations for retired persons in positions of
public service
The purpose of this bill is to increase the current earnings limitation
for law enforcement officers employed in law enforcement positions in
the State from $35,000 to $50,000.
Section 1 of this bill would amend section 212 of the Retirement and
Social Security Law by adding a new subdivision that increases the
current earnings limitation for law enforcement officers employed in law
enforcement positions in the State from $35,000 to $50,000.
Section 2 of this bill provides that the effective date shall take
effect immediately.
Throughout the State, municipalities and school districts report signif-
icant challenges with recruiting and retaining retired law enforcement
officers that possess the wealth of knowledge and experience necessary
to successfully implement law enforcement functions, including running a
police department or serving as a School Resource Officer ("SRO"),
Special Patrol Officer ("SPO"), or investigator for a District Attor-
ney's office. One of the primary reasons leading to those challenges is
the current cap on earnings limitations set in Section 212 of the
Retirement and Social Security Law. Currently, the Law sets the earnings
limitation on retired law enforcement officers performing law enforce-
ment functions in the State at $35,000. Upon reaching that threshold,
retired officers can no longer draw from their State retirement, thereby
incentivizing retired officers from serving in law enforcement roles
post-retirement. Exacerbating this issue, States throughout the country
provide retired law enforcement the ability to earn competitive salaries
without diminishing their ability to draw from their retirement, thereby
leading to an exodus of qualified talent to other States. Increasing the
cap set in Law would allow municipalities and school districts to reduce
payroll costs and assist in the recovery from the effects of the COVID-
19 pandemic. Specifically, by increasing the cap, municipalities and
school districts will be able to continue providing law enforcement
operations and quality-of-life programs that impact their communities
without increasing the local tax rate.
Furthermore, the increase will significantly reduce potential exposure
to liability concerns by assuring the adoption of proper policies,
procedures, and police reform protocols. For example, municipalities
that hire retired officers to serve as police chiefs reduce their costs
in running their police departments by reducing the entry-level salary
for chiefs, eliminating the need to provide health care, and eliminating
the requirement to pay a contribution to the State Retirement System.
Similarly, school districts would benefit from an increase in the cap as
it would incentivize the use of SRO' s, and in turn, reduce the costs
associated with contracting professional security firms and police
departments for the use of active duty officers. Therefore, it is imper-
ative to increase the cap from $35,000 to $50,000 to recruit and retain
invaluable talent, reduce the financial burden on municipalities and
school districts, draw from the invaluable wealth of knowledge and expe-
rience of retired officers, and provide the next generation of law
enforcement officers the guidance to develop the skills necessary to run
law enforcement operations at the highest standard of excellence.
2021-22: S.9576 (Mannion) - Referred to Rules.
See fiscal note.
This act shall take effect immediately.