senate Bill S3758

Amended

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 21 / Feb / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 21 / Feb / 2014
    • PRINT NUMBER 3758A

Summary

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision.

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Bill Details

Versions:
S3758
S3758A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง600, R & SS L

Sponsor Memo

BILL NUMBER:S3758

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing equal retirement benefits for persons
who have been appointed to the title of superintendent in the
department of corrections and community supervision

PURPOSE: To provide equal retirement benefits for all who have been
appointed the title of superintendent in the department of corrections
and community supervision.

SUMMARY OF PROVISIONS:

Section 149 of the retirement and social security law shall be amended
to allow a person who has served at least twenty five years for the
department of corrections and community supervision to elect the
preferred retirement plan within ninety days of his or her
appointment, or in the case of retired workers, within ninety days of
the enactment of a subdivision to this law.

JUSTIFICATION: Tier 3, Article 14C0 members promoted through the
ranks to Superintendent earn a retirement benefit of 50% after 25
years of service. Others in the department that did not promote
through the ranks but are Tier 3, Article 14 members earn 60% plus an
additional

1.5% each year beyond 30. This bill would allow the preferred benefits
that Article 14 members earn without promotion for Article 14C0
members that rise up through the ranks. This would provide all
superintendents in the department the opportunity to earn equal
retirement benefits for doing the same work regardless of the career
path taken.

LEGISLATIVE HISTORY: New bill

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3758

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  providing   equal  retirement  benefits  for  persons  who  have  been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of  subdivi-
sion  a  of  section  600  of the retirement and social security law, as
amended by section 149 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended to read as follows:
  (ii)  a  person  who serves in the title of superintendent as of April
first, two thousand six, who has had at least  seven  years  of  service
credited toward the retirement plan established pursuant to this article
while  employed  by  the  department of corrections and community super-
vision and who elects the retirement plan established pursuant  to  this
article  on  or  before  September  thirtieth,  two  thousand  six. Such
election shall be in writing, shall be duly executed and filed with  the
comptroller  and  shall  be irrevocable as long as such person is in the
title of superintendent; OR
  (III) A PERSON WHO IS APPOINTED TO THE TITLE  OF  SUPERINTENDENT,  WHO
HAS  SERVED  AT  LEAST  TWENTY-FIVE  YEARS  AS A MEMBER IN THE UNIFORMED
PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN
ESTABLISHED  PURSUANT  TO  THIS ARTICLE WITHIN NINETY DAYS OF HIS OR HER
APPOINTMENT.  SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY  EXECUTED
AND  FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT; OR
  (IV) A PERSON WHO SERVES IN THE  TITLE  OF  SUPERINTENDENT  WHEN  THIS
SUBPARAGRAPH  IS ENACTED, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05749-02-3

S. 3758                             2

MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION
OF THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  AND  WHO
ELECTS  THE  RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN
NINETY  DAYS  OF THE ENACTMENT OF THIS SUBPARAGRAPH. SUCH ELECTION SHALL
BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND
SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN THE  TITLE  OF  SUPER-
INTENDENT; OR
  (V) A PERSON WHO HAS RETIRED WHILE SERVING IN THE TITLE OF SUPERINTEN-
DENT,  WHO  HAS  SERVED  AT  LEAST  TWENTY-FIVE YEARS AS A MEMBER IN THE
UNIFORMED PERSONNEL  IN  INSTITUTIONS  UNDER  THE  JURISDICTION  OF  THE
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE
RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY  DAYS
OF  THE  ENACTMENT OF THIS SUBPARAGRAPH. SUCH ELECTION SHALL BE IN WRIT-
ING, SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL  BE
IRREVOCABLE.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  would allow Tier 3, 5 and 6 superintendents
under the jurisdiction of the department of  corrections  and  community
supervision  of  New  York  state to become eligible to receive benefits
under the provisions of Article 15 of the Retirement and Social Security
Law in addition to the half-pay plan at  25  years  benefit.  This  bill
would  also  cover retired superintendents.  Current and future affected
members and retirees would have 90 days from the later of the  effective
date  of this bill and their date of being appointed to a superintendent
position to file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $3.34 million which would be borne by
the State of New York as a one-time payment. This estimate is  based  on
the assumption that payment will be made on March 1, 2014.
  In  addition to this cost, there would also be costs for future super-
intendents who elect this benefit. These costs would depend on the  age,
service,  salary  and tier of the affected members, and would be paid by
the State of New York as a one-time payments as they occur.
  These estimated costs are based on twenty-three  (23)  superintendents
with  a total annual salary of approximately $2.1 million for the fiscal
year ending March 31, 2012.
  Summary of relevant resources:
  Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated February 12,  2013  and  intended  for  use  only
during  the  2013  Legislative  Session,  is  Fiscal  Note  No. 2013-75,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.

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