S T A T E O F N E W Y O R K
________________________________________________________________________
2344
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. McENENY, CANESTRARI, DESTITO, ENGLEBRIGHT, HOYT,
BRADLEY -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, PERRY,
PHEFFER -- read once and referred to the Committee on Governmental
Employees
AN ACT to amend the retirement and social security law and the civil
service law, in relation to university police officers appointed by
the state university
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph i to read as follows:
I. SERVICE AS A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE
UNIVERSITY PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
S 2. Subdivision d of section 375-f of the retirement and social secu-
rity law, as separately amended by chapters 674 and 677 of the laws of
1986, is amended to read as follows:
d. In addition to the retirement allowance provided pursuant to the
plans set forth in sections three hundred eighty-three, three hundred
eighty-three-a [and], three hundred eighty-three-b AND THREE HUNDRED
EIGHTY-THREE-D of this [chapter] ARTICLE, a member of either such plan
who retires on or after April first, nineteen hundred sixty-nine with
more than twenty-five years of total service shall be entitled to
receive, in addition to the benefits provided pursuant to [either] ANY
such section and notwithstanding the limitations of [either] ANY such
section, an additional retirement allowance for such years of service
rendered in excess of twenty-five. The additional retirement allowance
for such additional years of service shall be computed as if such member
had been eligible to have his OR HER retirement allowance computed
pursuant to the provisions of subdivision b of section three hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01074-02-9
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seventy-five-c and of paragraph one of subdivision a of section three
hundred seventy-five-d of this [chapter] TITLE.
S 3. The retirement and social security law is amended by adding a new
section 383-d to read as follows:
S 383-D. ALTERNATE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFICERS
APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE TERM
"UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE AND
LOCAL POLICE AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSU-
ANT TO AND BE ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE
WITH THIS SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED
TO THE AMOUNT OF SERVICE WHICH WOULD HAVE BEEN DEEMED CREDITABLE AND
SUCH MEMBER SHALL BE ENTITLED TO THE AMOUNT OF SERVICE WHICH WOULD HAVE
BEEN DEEMED CREDITABLE HAD SUCH MEMBER BEEN SUBJECT TO SUCH SYSTEM
DURING THE COURSE OF HIS OR HER MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIB-
UTIONS TO SUCH SYSTEM SHALL BE MADE IN ACCORDANCE WITH APPROPRIATE
PROVISIONS OF LAW RELATING THERETO. APPLICATION FOR SUCH TRANSFER MUST
BE MADE TO THE STATE COMPTROLLER ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND NINE. THE PROVISIONS OF SECTION THREE HUNDRED FORTY-THREE OF
THIS ARTICLE SHALL APPLY TO ANY MEMBER MAKING APPLICATION FOR TRANSFER
UNDER THIS SUBDIVISION.
C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
TY WHO ELECTS OR IS REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL
CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE, OR
2. ATTAINMENT OF AGE SIXTY AS A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL
CREDITABLE SERVICE NOT IN EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
TROLLER.
D. EVERY EMPLOYEE ENTERING OR RE-ENTERING SERVICE AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
FOR BY THIS SECTION.
E. A MEMBER WHO IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS
SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR-
TION OF HIS OR HER COMPENSATION SIMILARLY DETERMINED. SUCH LATTER
PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
FIRST BECOME ELIGIBLE FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY
EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE
OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
CONTRIBUTION PURSUANT TO THIS SECTION SHALL BE APPROPRIATELY REDUCED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH
PERIOD OF TIME AS HIS OR HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH
MEMBER SHALL BE REQUIRED TO CONTINUE CONTRIBUTIONS AFTER COMPLETING
TWENTY-FIVE YEARS OF SUCH SERVICE.
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F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
SIXTY BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT
PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
IN SUCH DIVISION. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO
MAKE THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND
PARAGRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE
SALARY.
3. AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE
SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
THREE OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
ARTICLE. THIS PENSION SHALL:
(I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY FOR
WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
(II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY.
FOR THE PURPOSE ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED
HEREIN, THE ANNUITY SHALL BE COMPUTED AS IT WOULD BE:
(A) IF NOT REDUCED BY THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
LOAN, AND
(B) IF NOT INCREASED BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
CONTRIBUTIONS, AND
(C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEMS IN ORDER TO APPLY
THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
G. THE INCREASED PENSIONS TO A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
MEMBERS. THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
BENEFITS PROVIDED UNDER THIS SECTION. SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
THE ANNUAL APPROPRIATION OF THE STATE FOR THE STATE UNIVERSITY. SUCH
AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
H. IN COMPUTING THE TWENTY-FIVE YEARS OF COMPLETED SERVICE OF A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
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CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OR HER ENTRANCE INTO
THE ARMED FORCES WAS IN STATE SERVICE.
I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D, E OR I OF THIS
SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING
UNIT DESIGNATED AS THE AGENCY LAW ENFORCEMENT SERVICES UNIT AND ESTAB-
LISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS
ELECTED OR IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TEN, ELECT TO COME
UNDER THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF THIS
ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
TROLLER.
K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE EMPLOYER SHALL MAKE
CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST SERVICE LIABIL-
ITY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS SECTION AS THOSE
COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY. SUCH CONTRIB-
UTIONS MAY BE MADE, AT THE ELECTION OF THE EMPLOYER, IN LEVEL DOLLAR
INSTALLMENTS OVER A TEN YEAR PERIOD.
S 4. No employee contributions made to the New York state and local
employees' retirement system by any state university police officer who
elects to make a transfer pursuant to this act shall be returned to such
officer. Such employee contributions shall be used to offset any past
service costs incurred by operation of the provisions of this act.
S 5. Notwithstanding subdivision h of section 343 of the retirement
and social security law, the provisions of subdivisions c and d of
section 343 of the retirement and social security law shall apply and
the employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees' retire-
ment system to the New York state and local police and fire retirement
system.
S 6. Subdivisions 1, 2 and 3 and paragraphs (a) and (b) of subdivision
4 of section 58 of the civil service law, subdivision 1 as amended by
chapter 560 of the laws of 1978, the opening paragraph of subdivision 1,
subdivision 3 and paragraphs (a) and (b) of subdivision 4 as amended by
chapter 435 of the laws of 1997, paragraph (a) of subdivision 1 as
amended by chapter 346 of the laws of 2008 and subdivision 2 as amended
by chapter 32 of the laws of 1999, are amended to read as follows:
1. Notwithstanding any other provision of this law or any general,
special or local law to the contrary, no person shall be eligible for
provisional or permanent appointment in the competitive class of the
civil service as a police officer of any police force or police depart-
ment of any county, city, town, village, housing authority [or], police
district OR OF THE STATE UNIVERSITY OF NEW YORK unless he OR SHE shall
satisfy the following basic requirements:
(a) he or she is not less than twenty years of age as of the date of
appointment nor more than thirty-five years of age as of the date when
the applicant takes the written examination, provided that the maximum
age requirement of thirty-five years of age as set forth in this para-
graph shall not apply to eligible lists finalized pursuant to an exam-
ination administered prior to May thirty-first, nineteen hundred nine-
ty-nine FOR THE POLICE OFFICERS DESCRIBED IN THIS SUBDIVISION EXCEPT FOR
POLICE OFFICERS OF THE STATE UNIVERSITY OF NEW YORK AND, WITH RESPECT TO
STATE UNIVERSITY POLICE OFFICERS ONLY, THE MAXIMUM AGE REQUIREMENT OF
THIRTY-FIVE YEARS OF AGE AS SET FORTH IN THIS PARAGRAPH SHALL NOT APPLY
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TO ELIGIBLE LISTS FINALIZED PURSUANT TO AN EXAMINATION ADMINISTERED
PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND NINE, provided, however,
that:
(i) time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age of any applicant
who has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
(ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this subparagraph by the
city of Buffalo civil service commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
(iii) such maximum age requirement of thirty-five years shall not
apply to any police officer of any county, town, city or village police
force not otherwise provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however, the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements of merit
and fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine;
(b) he OR SHE is a high school graduate or a holder of a high school
equivalency diploma issued by an education department of any of the
states of the United States or a holder of a comparable diploma issued
by any commonwealth, territory or possession of the United States or by
the Canal Zone or a holder of a report from the United States armed
forces certifying his OR HER successful completion of the tests of
general educational development, high school level;
(c) he OR SHE satisfies the height, weight and physical fitness
requirements prescribed by the municipal police training council pursu-
ant to the provisions of section eight hundred forty of the executive
law; and
(d) he OR SHE is of good moral character.
2. The provisions of this section shall not prevent any county, city,
town, village, housing authority, transit authority [or], police
district OR THE STATE UNIVERSITY OF NEW YORK from setting more restric-
tive requirements of eligibility for its police officers, except the
maximum age to be a police officer as provided in paragraph (a) of
subdivision one of this section.
3. As used in this section, the term "police officer" means a member
of the regional state park police, THE STATE UNIVERSITY OF NEW YORK
POLICE or a police force, police department, or other organization of a
county, city, town, village, housing authority, transit authority or
police district, who is responsible for the prevention and detection of
crime and the enforcement of the general criminal laws of the state, but
shall not include any person serving as such solely by virtue of his OR
HER occupying any other office or position, nor shall such term include
a sheriff, under-sheriff, commissioner of police, deputy or assistant
commissioner of police, chief of police, deputy or assistant chief of
police or any person having an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
(a) Any person who has received provisional or permanent appointment
in the competitive class of the civil service as a police officer of the
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regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE or
any police force or police department of any county, city, town,
village, housing authority, transit authority or police district shall
be eligible to resign from any police force or police department, and to
be appointed as a police officer in the same or any other police force
or police department without satisfying the age requirements set forth
in paragraph (a) of subdivision one of this section at the time of such
second or subsequent appointment, provided such second or subsequent
appointment occurs within thirty days of the date of resignation.
(b) Any person who has received permanent appointment in the compet-
itive class of the civil service as a police officer of the regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE or any police
force or police department of any county, city, town, village, housing
authority, transit authority or police district shall be eligible to
resign from any police force or police department and, subject to such
civil service rules as may be applicable, shall be eligible for rein-
statement in the same police force or police department or in any other
police force or police department to which he OR SHE was eligible for
transfer, without satisfying the age requirements set forth in paragraph
(a) of subdivision one of this section at the time of such rein-
statement, provided such reinstatement occurs within one year of the
date of resignation.
S 7. This act shall take effect immediately, provided, however, that
the provisions of subdivisions 1 and 2 of section 58 of the civil
service law, as amended by section six of this act, shall not apply to
university police officers in the service of the state university of New
York on or before such effective date.
FISCAL NOTE:-- Pursuant to Legislative Law, Section 50:
This bill would allow State University Police Officers to transfer to
the New York State and Local Police and Fire Retirement System and to be
covered by the provisions of a new twenty-five (25) year half pay
retirement plan, with additional one-sixtieths of final average salary
for each year of service in excess of twenty-five (25) years, but not
exceeding fifteen (15) such years. For Tier 2 members, the additional
one-sixtieths can not exceed seven (7) such years. There will be no
refund of Article 14 or Article 15 member contributions for officers who
transfer to the Police and Fire Retirement system.
If this bill is enacted, we anticipate that there will be an increase
of approximately $1.6 million in the annual contributions of the State
of New York for the fiscal year ending March 31, 2010.
In addition to the annual contributions discussed above, there will be
an immediately past service cost of approximately $4.80 million which
would be borne by the State of New York. This estimate is based on the
assumption that payment will be made on March 1, 2010. If this cost is
amortized over ten (10) years, the cost for the first year, including
interest, would be approximately $663,000.
It should be noted that in addition to the increase in annual contrib-
utions given above, there would be increases in annual contributions for
future State University Police Officers who would be Tier 2 members of
the New York State and Local Police and Fire Retirement System rather
than Tier 4 members of the New York State and Local Employees' Retire-
ment System.
These estimated costs are based on five hundred twenty-two (522) State
University Police Officers with a total estimated salary of approximate-
ly $30.8 million for the fiscal year ending March 31, 2008.
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This estimate, dated December 19, 2008 and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-15,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.