Suny's Campus Waivers: Legal Or Unlawful?

New York's State University (SUNY) has been accused of violating so-called double-dipping laws by granting waivers to police chiefs and campus safety officials, allowing them to collect retirement pensions on top of their government salaries. Under state law, a retiree under 65 cannot be paid more than $30,000 a year in a new government job while collecting a pension, unless they have a waiver. SUNY has issued these waivers to numerous campus safety officials, allowing them to retain their high-paying positions while collecting pensions from prior police jobs. This has sparked controversy and unrest among rank-and-file officers, who argue that SUNY is knowingly and blatantly violating the law.

SUNY police hiring practices

The Police Benevolent Association of New York State (PBA) has challenged the State University of New York's (SUNY) police hiring practices, accusing the university system of routinely violating so-called "double-dipping" laws. These laws pertain to the granting of waivers that allow police chiefs and other campus safety officials to collect retirement pensions on top of their government salaries.

Under New York state law, a retiree under the age of 65 cannot be paid more than $30,000 a year in a new government job while collecting a pension, unless they have a waiver. SUNY's 29 campuses with police departments have been accused of routinely ignoring the requirements of the law and issuing waivers to "retired" candidates, even when there are other qualified applicants. This has sparked discontent among rank-and-file officers, who believe that these positions should be filled by promoting officers from within the SUNY police forces.

The PBA, which represents around 1,200 officers, including campus police, claims that SUNY is "knowingly and blatantly violating the law." They argue that state law requires waivers to be granted only in "urgent" situations when no other qualified candidates can be found. However, SUNY officials maintain that their hiring processes are in compliance with applicable New York state laws and that waivers are issued based on high standards.

Despite SUNY's defence of its practices, internal documents and court records suggest that waivers have been granted even when there were other qualified candidates, including non-retired applicants and those from within the campus police forces. This indicates that SUNY officials do not consistently follow the law and often do not provide explanations for their decisions to grant waivers, as required.

Waivers for campus police leaders

New York's State University (SUNY) has been accused of breaking the law by granting waivers to police chiefs and other campus safety officials, allowing them to collect retirement pensions on top of their government salaries. This practice, known as "double-dipping", is permitted under state law only if the retiree is under the age of 65 and earns no more than $30,000 a year in their new government job, unless they have a waiver. SUNY has issued waivers to at least 12 state university police officials, enabling them to retain their high-paying positions while collecting pensions from prior police jobs.

The Police Benevolent Association of New York State (PBA) has challenged the legality of SUNY's hiring practices, arguing that the waivers are granted without following the strict rules and requirements set by state law. PBA executive director, Daniel De Federicis, has stated that "SUNY is knowingly and blatantly violating the law". The PBA represents over 1,200 officers, including campus police, park service police officers, and environmental conservation officers.

State law mandates that waivers be granted only in "urgent" situations when no other qualified candidates can be found. However, an examination of SUNY's hiring practices reveals that SUNY presidents often ignore these requirements and issue waivers to "retired" candidates from outside police agencies, even when there are qualified non-retired applicants. For instance, SUNY Purchase College appointed Michael Bailey, a former Utica police captain, as campus police chief. Bailey received a waiver allowing him to collect his $56,334 pension along with his $115,000 SUNY salary. During the hiring process, it was revealed that there were over 90 applicants for the position, and Bailey was the only finalist requesting a pension waiver.

The PBA filed a lawsuit against SUNY and the state University of New York College at Brockport for hiring practices that favoured retirees over qualified non-retired candidates. However, the PBA lost the lawsuit when an acting state Supreme Court justice ruled that the union lacked standing as there was no proven "injury" to the PBA or the two officers who applied for the position. The PBA is currently appealing this decision.

Double-dipping laws

Under New York state law, a retiree under the age of 65 cannot be paid more than $30,000 a year in a new government job while also collecting a pension, unless they have a waiver. SUNY has been accused of routinely granting these waivers to campus safety officials, including police chiefs and other campus safety officials, allowing them to retain their positions while collecting pensions from prior police jobs. This has sparked controversy as it goes against the intent of the law, which aims to prevent individuals from simultaneously receiving retirement benefits and a full-time salary from government sources.

The Police Benevolent Association of New York State (PBA) has challenged SUNY's hiring practices, arguing that the university is "knowingly and blatantly violating the law." PBA executive director Daniel De Federicis stated that SUNY is granting waivers in situations that do not meet the "urgent" requirement specified in the law. SUNY officials, however, defend their practices, claiming that their hiring processes are in compliance with applicable New York state laws.

The article provides examples of instances where SUNY campuses have appointed campus police chiefs who receive both their salary and pension benefits, such as Michael Bailey at SUNY Purchase College and Edward Giblin at SUNY Brockport. These appointments have led to lawsuits and unrest among rank-and-file officers, who believe that the jobs should be available for those climbing through the ranks.

While double-dipping laws vary by jurisdiction and can have specific nuances, the fundamental principle is to prevent individuals from simultaneously benefiting from two mutually exclusive sources, particularly in the context of government employment and retirement benefits.

Waivers for retirement pensions

Under New York state law, a retiree under the age of 65 cannot typically earn more than $30,000 a year in a new government job while also collecting a pension. However, SUNY has been accused of granting waivers to several campus safety officials, allowing them to hold high-paying positions while also collecting pensions from prior police jobs. This practice has sparked criticism and legal challenges from the Police Benevolent Association of New York State (PBA), which represents campus police officers, among others.

The PBA argues that SUNY is "knowingly and blatantly violating the law" by issuing these waivers without meeting the strict requirements set by state legislation. According to the PBA, SUNY presidents routinely ignore the law's requirements and grant waivers to "retired" candidates, even when there are qualified non-retired applicants. This has reportedly led to unrest among rank-and-file officers, who feel that the practice hinders their career advancement within the organisation.

In response to the accusations, SUNY officials have defended their hiring practices, stating that they comply with applicable New York state laws. However, internal documents and court records suggest that waivers have indeed been granted in situations that may not meet the legal requirements. This has led to ongoing legal disputes and debates surrounding the interpretation and enforcement of "double-dipping" laws in the context of retirement pensions and waivers.

In other contexts, waivers for retirement pensions may be granted under different circumstances. For example, in Canada, the Public Service Superannuation Act allows for pension waivers in cases of early retirement due to workforce adjustments or employment transitions. Similarly, military retirees in the United States may choose to waive part or all of their military retirement pay to qualify for certain benefits, such as VA disability compensation or civil servant pensions.

Waiver requests

In addition to these special weeks, SUNY provides ongoing fee waivers for a significant portion of high school seniors. These include students from low-income households, those with military connections, and students in foster care or attending high schools with a high number of free and reduced lunch recipients. SUNY also waives fees for students on track to receive an associate degree at a SUNY community college who wish to pursue a bachelor's degree, as well as AmeriCorps alumni. These ongoing waivers cover application fees for up to seven campuses per student.

The SUNY system is committed to making its 64 colleges and universities accessible to a wide range of students. With its fee waiver programs, SUNY ensures that financial considerations do not hinder qualified students from pursuing their academic goals.

However, SUNY has also faced scrutiny for its hiring practices regarding campus police leaders. The university system has been accused of violating "double-dipping" laws by granting waivers to police chiefs and campus safety officials, allowing them to collect retirement pensions on top of their government salaries. This has sparked controversy and legal challenges, with the Police Benevolent Association of New York State alleging that SUNY is "knowingly and blatantly violating the law." The issue remains a subject of debate, with SUNY officials maintaining that their hiring processes comply with applicable state laws.

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