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A 10836

Relates to a waiver of earnings limitation for certain retired law enforcement officers

2025 Regular Session Introduced by Sam Berger and 2 co-sponsors

Allows certain retired law enforcement officers to work for NYC OSI without losing or reducing their pension, and excludes OSI earnings from pension limits.

REFERRED TO GOVERNMENTAL EMPLOYEES
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Bill Summary · A 10836

Bill Summary: A 10836 (2025-2026) – Waiver of Earnings Limitation for Certain Retired Law Enforcement Officers

Overview

  • Jurisdiction: New York
  • Introduced: April 1, 2026
  • Sponsor(s): Assembly Members Reilly (primary), with co-sponsors Sam Berger, Lester Chang
  • Committee: Governmental Employees
  • Purpose: Create a statute that allows certain retired law enforcement officers to work in the New York City School District’s Office of the Special Commissioner of Investigations (OSI) without jeopardizing their retirement status or triggering earnings-related reductions.

Key Provisions

New Subdivision to Retirement and Social Security Law

  • Addition: Section 211, subdivision 10 (new)
  • Core rule: A retired law enforcement officer may be employed by the OSI in the New York City School District (and earn compensation) without:
    • Affecting their status as a retiree
    • Suspending or diminishing their retirement allowance
    • Requiring prior approval under subdivision 2 of section 211
  • Nonsuspension of status/allowance: The employment does not trigger the typical suspension or reduction of retirement benefits.

Earnings Limitations Not Applied

  • Earnings treatment: Compensation earned from employment with the NYC school district (or a Board of Cooperative Educational Services, i.e., BOCES) will not be counted toward the earnings limitations that would ordinarily apply to retirees under sections 212(1-2) of the Retirement and Social Security Law.
  • Impact on calculations: Earnings from these specific employment arrangements are exempt from the earnings calculations used to determine any reductions or limitations on retirement benefits.

Scope and Limitations

  • The provision explicitly states it applies “notwithstanding the provisions of this section” and related laws, regulations, or local rules to the contrary, for the described employment with the OSI within the NYC School District.
  • The bill does not appear to broadly expand eligibility for all retirees or all state/municipal agencies; it targets retired law enforcement officers and a specific agency within NYC’s school system.

Effective Date

  • Effective: Immediately upon enactment.

Practical Impact

Who’s Affected

  • Retired law enforcement officers who would be eligible for or offered positions with the NYC School District’s OSI.
  • The affected individuals would be able to work and earn compensation from OSI without forfeiting or reducing their pensions due to earnings.

Administrative/Operational Implications

  • Removes prior approval hurdles under subdivision 2 of section 211 for these specific positions.
  • Clarifies that OSI employment income will not count toward earnings limits for retirees, potentially enabling greater collaboration between OSI and retired officers.

Considerations for Stakeholders

  • Retirees: Gains ability to work in OSI roles without pension reductions.
  • NYC School District/OSI: Access to experienced law enforcement personnel for investigations without pension-related complications.
  • Pension systems: Maintains stability by ensuring retirees’ benefits are protected from these earnings.

Notes

  • The bill is in its introductory stage and is subject to legislative debate, potential amendments, and committee consideration.
  • The act cites a general policy objective of facilitating retired law enforcement involvement in school district investigations while preserving retirement benefits.

Compiled from official sources — confirm details with the bill’s official record.

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