Extends the waiver of approval and income limitations on to retired law enforcement officers employed as school resource officers in school districts and board of cooperative educational services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8878
SPONSOR: McDonald TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
extending the waiver of approval and income limitations on to retired
law enforcement officers employed as school resource officers in school
districts and board of cooperative educational services
PURPOSE::
This legislation will allow retired law-enforcement officers to exceed
the income limitations in the retirement and social security law if they
return to service as school resource officers.
SUMMARY OF SPECIFIC PROVISIONS::
Section one of the bill amends chapter 56 of the laws of 2022, amending,
the retirement, and Social Security law relating to waiting approval of
income communications for the retirees, adding law-enforcement officers,
as defined by the general municipal law section 209-v, who are assigned
to any law-enforcement agency as defined by article 6, section 86, part
8 of the public officers law, we are assigned to work in school
districts, or board of cooperative educational services. This act shall
expire on June 30, 2027.
Section 2 establishes the effective date.
JUSTIFICATION::
Retired law-enforcement officers have been able to serve as school
resource officers throughout the state but have been limited to the
existing $35,000 earnings limitation cap under the New York State
Retirement Social Security law. This has posed a problem in many areas
of the state, especially rural counties and towns, who are hard pressed
for existing active duty, law-enforcement officers, but are still work-
ing hard to provide school resource officers to individual school build-
ings under their jurisdiction.
This legislation would provide similar relief that already exist for
schools and BOCES, which has been in place since the COV1D-19 pandemic,
for their employees including teachers, educational administrators and
hard to fill non-pedagogical staffing areas.
PRIOR LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8878
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
extending the waiver of approval and income limitations on to retired
law enforcement officers employed as school resource officers in
school districts and board of cooperative educational services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 211 of the retirement and social
2 security law, as added by section 1 of part HH of chapter 56 of the laws
3 of 2022, is amended to read as follows:
4 9. Notwithstanding the provisions of this section, sections two
5 hundred twelve and four hundred one of this chapter and section five
6 hundred three of the education law and any other law, regulation, rule,
7 local law, or charter to the contrary, a retired person, or a law
8 enforcement officer as defined by section two hundred nine-v of the
9 general municipal law, assigned by any law enforcement agency as defined
10 in subdivision eight of section eighty-six of the public officers law,
11 may be employed and earn compensation in a position or positions in the
12 service of a school district or a board of cooperative educational
13 services in the state without any effect on [his or her] their status as
14 retired and without suspension or diminution of [his or her] their
15 retirement allowance and without prior approval pursuant to subdivision
16 two of this section. Earnings received as a result of employment in a
17 school district or a board of cooperative educational services in the
18 state shall not be applied to a retired person's or law enforcement
19 officer's earnings when calculating the earnings limitations imposed by
20 subdivisions one and two of section two hundred twelve of this article.
21 § 2. This act shall take effect immediately; provided, however, that
22 the amendments to subdivision 9 of section 211 of the retirement and
23 social security law made by section one of this act shall not affect the
24 repeal of such subdivision and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13362-01-5
