NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6978
SPONSOR: Fall TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
increasing the retiree public earnings cap
PURPOSE:
This bill would increase the amount that a public retiree under sixty-
five years of age may earn in public employment without a reduction of
his or her retirement benefits.
SUMMARY OF PROVISIONS:
The bill amends subdivision 2 of Section 212 of the Retirement and
Social Security Law. It would allow a public retiree to earn up to
$50,000 in public employment without reducing the retiree's pension.
JUSTIFICATION:
Under current law, retirees may earn up to $30,000 from public employ-
ment without diminution of retirement earnings. From 1996 through 2004
this earnings limit was raised each year. The last time it was increased
was in 2007 when it was raised from $27,500 to $30,000. Increasing the
mount up to $50,000 for retirees under 65 years of age would allow state
and local governments the ability to hire experienced employees at a
significant) reduced cost without paying for employee benefits. Pursuant
to subdivision one of section 212, there are no earning limitations
applicable to retired persons who are age sixty-five or older.
LEGISLATIVE HISTORY:
2024: S.4124 - Referred to Civil Service
2023: S.4124 - Referred to Civil Service
2022: S.4920 - Referred to Civil Service/A.2453 - Referred to Govermen-
tat Employees
2021: S.4920 - Referred to Civil Service/A.2453 - Referred to Govermen-
tal Employees
2020: S.795 -Referred to Civil Service/A.7109 Referred to Governmental
Employees
2019: S.795 - Referred to Civil Service/ A.7109 Referred to Governmental
Employees
2018: S.5725-A - Referred to Civil Service & Pensions / A.7872-A
Referred to Governmental Employees
2017: S.5725 - Died on Third Reading Calendar / A.7872 - Referred to
Governmental Employees
2016: S.4345A - Referred to Civil Service & Pensions
2015: S.4345 - 3rd Reading Calendar
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6978
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
increasing the retiree public earnings cap
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 212 of the retirement and social
2 security law, as amended by chapter 589 of the laws of 2019, is amended
3 to read as follows:
4 2. The earning limitations for retired persons in positions of public
5 service under this section shall be in accordance with the following
6 table:
7 For the year Earnings limitation
8 1996 $12,500
9 1997 $13,500
10 1998 $14,500
11 1999 $15,500
12 2000 $17,000
13 2001 $18,500
14 2002 $20,000
15 2003 $25,000
16 2004 $27,500
17 2005 and 2006 $27,500
18 2007 through 2019 $30,000
19 2020 [and thereafter]
20 through 2025 $35,000
21 2026 and thereafter$50,000
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09658-01-5
