senate Bill S5091

Vetoed

Relates to an optional twenty year retirement plan for members of the New York state and local police and fire retirement system

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Sponsor

Bill Status


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

  • 08 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1354
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A7822A
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.652
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • VETOED MEMO.280

Summary

Relates to an optional twenty year retirement plan for members of the New York state and local police and fire retirement system.

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Bill Details

See Assembly Version of this Bill:
A7822A
Versions:
S5091
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §384-f, R & SS L; add §8-a, Part A of Chap 504 of 2009

Sponsor Memo

BILL NUMBER:S5091

TITLE OF BILL: An act to amend the retirement and social security
law, relating to an optional twenty-year retirement plan for members
of the New York state and local police and fire retirement system and
to amend chapter 504 of the laws of 2009, amending the retirement and
social security law relating to police and fire retirement provisions

PURPOSE: To ensure all firefighters in NYS are treated equally as it
pertains to the enactment of the 2003 Tier V legislation

SUMMARY OF PROVISIONS: Amends retirement and social security law by
adding a new section 334-f to grant professional firefighters not
subject to a collective bargaining agreements the same rights as those
subject to collective bargaining agreements with respect to electing
an optional retirement plan pursuant to RSSL Section 384-d.

JUSTIFICATION: In 2009 the legislature passed a new tier V pension
bill for public employees Tier V placed firefighters hired after
January 2010 into the tier V plan. Those firefighters hired between
July 1, 2005 and the effective date of Tier V (January 9, 2010)
working under a current collective bargaining agreement were provided
the opportunity to elect or remain in a non-contributory twenty year
plan until the expiration of their respective contracts. This same
protection was not afforded firefighters working without a collective
bargaining agreement, For example, Buffalo professional Firefighters
have operated honorably without a new collective bargaining agreement
since 2001.

This bill would afford the same opportunities to such professional
firefighters as those working pursuant to a collective bargaining
agreement. This bill would not apply to any member in Tier VI.

LEGISLATIVE HISTORY: none

FISCAL IMPLICATIONS: See fiscal note

EFFECTIVE DATE: This act shall take effect immediately

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

                                  5091

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 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, relating  to  an
  optional twenty-year retirement plan for members of the New York state
  and  local  police and fire retirement system and to amend chapter 504
  of the laws of 2009, amending the retirement and social  security  law
  relating to police and fire retirement provisions

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

  Section 1. The retirement and social security law is amended by adding
a new section 384-f to read as follows:
  S 384-F. OPTIONAL TWENTY-YEAR RETIREMENT PLAN FOR MEMBERS OF  THE  NEW
YORK  STATE  POLICE  AND  FIRE RETIREMENT SYSTEM. A. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CODE TO THE CONTRARY,
ANY MEMBER OF THE NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM WHOSE
MEMBERSHIP IN SUCH RETIREMENT SYSTEM COMMENCED BETWEEN JULY  FIRST,  TWO
THOUSAND  NINE  AND  MARCH  THIRTY-FIRST  TWO THOUSAND TWELVE AND IS NOT
SUBJECT TO THE TERMS OF AN AGREEMENT AS DEFINED BY SUBDIVISION TWELVE OF
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW, MAY ELECT TO  CONTRIB-
UTE  TO SUCH RETIREMENT SYSTEM PURSUANT TO SECTION THREE HUNDRED EIGHTY-
FOUR-D OF THIS TITLE, IF HIS OR HER EMPLOYER HAS PREVIOUSLY  ELECTED  TO
MAKE  THE  BENEFITS OF SECTION THREE HUNDRED EIGHTY-FOUR-D OF THIS TITLE
AVAILABLE TO ITS MEMBERS.
  B. ANY MEMBER WHO ELECTS TO CONTRIBUTE PURSUANT TO THIS SECTION  SHALL
NOT  BE  REQUIRED  TO MAKE CONTRIBUTIONS PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER OR SECTION TWELVE HUNDRED FOUR OF THIS CHAPTER.
  C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A  OF  SECTION  THREE
HUNDRED  EIGHTY-FOUR-D  OF  THIS  TITLE ANY MEMBER WHO SEEKS TO ELECT TO
CONTRIBUTE PURSUANT TO THIS SECTION MAY DO SO WITHIN  SIX  MONTHS  AFTER
THE  MEMBER  BECOMES  A  MEMBER OF SUCH RETIREMENT SYSTEM, OR WITHIN SIX
MONTHS AFTER HIS OR HER EMPLOYER ELECTS TO MAKE THE BENEFITS OF  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10850-01-3

S. 5091                             2

THREE  HUNDRED  EIGHTY-FOUR-D OF THIS TITLE AVAILABLE TO ITS MEMBERS; OR
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  S  2.  Part A of chapter 504 of the laws of 2009, amending the retire-
ment and social security law relating to establishing  police  and  fire
retirement provisions, is amended by adding a new section 8-a to read as
follows:
  S  8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY ANY
MEMBER OF THE NEW YORK STATE  POLICE  AND  FIRE  RETIREMENT  SYSTEM  WHO
BECAME A MEMBER ON OR AFTER JULY 1, 2009 AND BEFORE JANUARY 10, 2010 MAY
JOIN  A SPECIAL RETIREMENT PLAN OPEN TO HIM OR HER PURSUANT TO A COLLEC-
TIVELY NEGOTIATED AGREEMENT WITH ANY STATE OR LOCAL GOVERNMENT EMPLOYER,
WHERE SUCH AGREEMENT WAS UNEXPIRED OR EXPIRED BUT CONTINUED PURSUANT  TO
SECTION  TWO  HUNDRED  NINE OF THE CIVIL SERVICE LAW ON OR AFTER JULY 1,
2009 AND BEFORE JANUARY 10, 2010.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant that an individual who became a Tier 3 or a Tier
5 member of the New York State and  Local  Police  and  Fire  Retirement
System  (PFRS)  and whose employer has elected to provide the provisions
of Section 384-d, and who is not  subject  to  a  collective  bargaining
agreement,  would  no  longer  be  required  to  make mandatory employee
contributions.
  This bill would also allow a small number of  individuals  who  became
members  of the PFRS on or after July 1, 2009 and before January 9, 2010
and who did not timely file an application to become covered  under  the
provisions  of  Section 384-d within the one year required filing period
to file for such coverage.
  Further, this bill would amend Chapter 604 of  the  Laws  of  2009  to
allow an individual who became a member of PFRS on or after July 1, 2009
and  before  January  10, 2010 to join a special retirement plan open to
him or her pursuant to a collective bargaining agreement in effect on or
after July 1, 2009 and before January 10, 2010. Such members  who  elect
coverage under Article 22 of the Retirement and Social Security Law will
not be required to make employee contributions.
  If  this  bill  is  enacted,  we anticipate that the employers of such
members who are covered under PFRS special retirement contributory plans
would see an increase in their annual contributions for the fiscal  year
ending March 31, 2014 of approximately 4.4% of the annual salaries.
  In  addition  to these costs, there would be future annual costs which
would be borne by any employer of a member who would become eligible  to
file for Section 384-d coverage. These costs would depend on the current
plan  coverage  and  salaries of affected members. There would also be a
past service cost for each such member, which would depend on  the  age,
service,  salary  and  plan  coverage  of the member. These past service
costs would be borne by all the employers in the PFRS.
  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 and 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 GASS Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.

S. 5091                             3

  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 January 7, 2013, and intended for use only during
the  2013  Legislative  Session, is Fiscal Note No. 2013-44, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.

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