New York 2025-2026 Regular Session

New York Assembly Bill A08720

Introduced
6/2/25  
Refer
6/2/25  

Caption

Relates to increasing the earnings limitation for positions of public service; increases the earnings limitation from $35,000 to $65,000 in 2027 and thereafter.

Summary

A08720 amends Section 212 of the New York Retirement and Social Security Law to raise the earnings limit for retired persons who return to public service. Under the bill text, the post-retirement earnings cap would increase from $35,000 to $50,000 beginning in 2025 and continue thereafter, allowing eligible retirees to earn more in public employment without losing their full retirement allowance once they remain within the new limit. The bill takes effect immediately. The measure is aimed at making it easier for public employers to rehire experienced retirees while preserving pension benefits. It applies to retirees in public service positions and would change how retirement allowances are suspended when post-retirement earnings exceed the statutory threshold. The fiscal notes indicate the proposal would affect multiple retirement systems, including NYSLERS, NYSLPFRS, the New York State Teachers' Retirement System, and New York City retirement systems and pension funds, with costs varying by system and by retiree behavior. The bill’s impact on state law is to amend the retirement earnings limitation in Section 212 of the Retirement and Social Security Law, replacing the current $35,000 cap with a higher limit for covered retirees returning to public employment. The fiscal analysis suggests increased pension payments and higher employer contribution costs, with some costs borne by the State and participating employers depending on the retirement system involved. It also notes that earlier retirement behavior could increase long-term system costs if employers rely more heavily on rehired retirees instead of new members. General sentiment around the bill appears supportive of easing post-retirement work restrictions, likely to improve staffing flexibility in public service, but the available materials do not include committee debate or recorded votes. The fiscal notes, however, emphasize that the proposal is not cost-neutral and would create additional liabilities for retirement systems and employers. That cost exposure is the main policy concern reflected in the bill materials. The principal point of contention is fiscal impact versus workforce flexibility. Supporters would likely view the bill as a recruitment and retention tool for public employers facing staffing shortages, while critics may focus on the added pension costs, lost employer contributions, and the possibility that higher earnings limits could encourage earlier retirements. The bill text itself sets the limit at $50,000, while the caption in the context references a later version increasing the limit to $65,000 in 2027 and thereafter, suggesting the proposal may have been amended during the legislative process.

Impact

This bill would amend Section 212 of the Retirement and Social Security Law to increase the earnings limitation for retired persons returning to public service, allowing covered retirees to earn up to $50,000 annually without suspension of their retirement allowance beginning in 2025. It would affect the administration and funding of New York public retirement systems, including state, local, police and fire, teachers, and New York City systems, and would likely increase employer contribution costs and pension outlays.

Sentiment

The available materials suggest generally favorable policy intent toward allowing retirees to remain active in public service while earning more, but no committee transcript or vote record is provided. The fiscal notes are cautious and highlight meaningful cost increases, so the overall sentiment appears mixed: supportive of workforce flexibility, but concerned about pension-system costs and actuarial effects.

Contention

The main contention is whether the benefit of retaining experienced retired workers outweighs the added cost to retirement systems and public employers. Fiscal notes estimate increased pension payments, lost employer contributions, and possible higher long-term contribution rates if retirement behavior shifts. Another point of tension is that the bill helps retirees directly, while the costs are spread across the State and participating employers, raising equity and budget concerns.

Companion Bills

NY S06956

Same As Relates to increasing the earnings limitation for positions of public service; increases the earnings limitation from $35,000 to $65,000 in 2027 and thereafter.

Previously Filed As

NY S06956

Relates to increasing the earnings limitation for positions of public service; increases the earnings limitation from $35,000 to $65,000 in 2027 and thereafter.

NY S03144

Relates to increasing the earnings limitation for positions of public service; increases the earnings limitation from $35,000 to $50,000 in 2024 and thereafter.

NY A11219

Increases the earnings limitation for retired emergency medical technicians employed by certain agencies providing emergency services to $50,000.

NY S05579

Increases the amount of money a public retirement system retiree may earn in a position of public service in the year 2026 and thereafter to $65,000.

NY H3437

Earnings Limitation

NY H3434

Earnings limitation

NY H2931

Relative to earnings limitations for Michael Sacco for calendar year 2023

NY A03872

Eliminates earning limitations for retired persons in positions of public service from 2025 forward.

NY H2755

Relative to post retirement earnings and hours limitations for certain professional services

NY H3542

SCRS and PORS earnings limitation

Similar Bills

No similar bills found.