S T A T E O F N E W Y O R K
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4143--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. ABBATE, CLARK, PHEFFER -- Multi-Sponsored by --
M. of A. COOK, HOOPER, TITONE -- read once and referred to the Commit-
tee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
service retirement benefits for peace officers employed by the unified
court system and to repeal subdivision 8 of section 613 of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision b of section 442 of the retire-
ment and social security law, as amended by chapter 306 of the laws of
1996, is amended to read as follows:
1. (A) A [member who is a peace officer employed by the unified court
system or a] member of a teacher's retirement system or a member of the
New York state and local employees' retirement system may retire without
reduction of his OR HER retirement benefit upon his OR HER attainment of
at least fifty-five years of age and completion of thirty or more years
of service; and
(B) A MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS OR HER RETIREMENT BENEFIT
UPON HIS OR HER ATTAINMENT OF AT LEAST FIFTY-FIVE YEARS OF AGE AND
COMPLETION OF TWENTY-FIVE OR MORE YEARS OF SERVICE; AND
S 2. Subdivision a of section 503 of the retirement and social securi-
ty law, as amended by chapter 662 of the laws of 1988, is amended to
read as follows:
a. The normal service retirement benefit specified in section five
hundred four OF THIS ARTICLE shall be payable to general members, other
than elective members, who have met the minimum service requirements
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07026-02-0
A. 4143--A 2
upon retirement and attainment of age sixty-two, provided, however, a
general member who is a [peace officer employed by the unified court
system or a] member of a teachers' retirement system may retire without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service; AND PROVIDED FURTHER THAT A GENERAL MEMBER WHO IS A PEACE OFFI-
CER EMPLOYED BY THE UNIFIED COURT SYSTEM MAY RETIRE WITHOUT REDUCTION OF
HIS OR HER RETIREMENT BENEFIT UPON ATTAINMENT OF AT LEAST FIFTY-FIVE
YEARS OF AGE AND COMPLETION OF TWENTY-FIVE OR MORE YEARS OF SERVICE.
S 3. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by section 7 of part B of chapter 504 of the laws of
2009, is amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article, provided, however, a member of a teachers' retirement system or
the New York state and local employees' retirement system who first
joins such system before January first, two thousand ten [or a member
who is a uniformed court officer or peace officer employed by the
unified court system] may retire without reduction of his or her retire-
ment benefit upon attainment of at least fifty-five years of age and
completion of thirty or more years of service[, provided, however, that
a uniformed court officer or peace officer employed by the unified court
system who first becomes a member of the New York state and local
employees' retirement system on or after January first, two thousand ten
and retires without reduction of his or her retirement benefit upon
attainment of at least fifty-five years of age and completion of thirty
or more years of service pursuant to this section shall be required to
make the member contributions required by subdivision f of section six
hundred thirteen of this article for all years of credited and credita-
ble service]. A MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED
COURT SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS OR HER RETIREMENT BENE-
FIT UPON ATTAINMENT OF AT LEAST FIFTY-FIVE YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE OR MORE YEARS OF SERVICE.
S 4. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by section 3-a of chapter 19 of the laws of 2008, is
amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
A. 4143--A 3
article provided, however, a [member who is a peace officer employed by
the unified court system or a] member of a teachers' retirement system
or the New York state and local employees' retirement system may retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-five years of age and completion of thirty or more years of
service; A MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS OR HER RETIREMENT BENEFIT
UPON ATTAINMENT OF AT LEAST FIFTY-FIVE YEARS OF AGE AND COMPLETION OF
TWENTY-FIVE OR MORE YEARS OF SERVICE.
S 5. Subdivision f of section 613 of the retirement and social securi-
ty law is REPEALED.
S 6. Paragraph 1 of subdivision b of section 902 of the retirement and
social security law, as amended by section 10 of part B of chapter 504
of the laws of 2009, is amended to read as follows:
1. [An] EXCEPT FOR A PEACE OFFICER OF THE UNIFIED COURT SYSTEM, AN
eligible employee (i) with a date of membership in a retirement system
on or after July twenty-seventh, nineteen hundred seventy-six and before
January first, two thousand ten, and (ii) who has ten or more years of
membership or ten or more years of credited service with a retirement
system under the provisions of article fourteen or fifteen of this chap-
ter shall not be required to contribute to a retirement system pursuant
to section five hundred seventeen or six hundred thirteen of this chap-
ter as of the cessation date. PEACE OFFICERS OF THE UNIFIED COURT
SYSTEM WITH TEN OR MORE YEARS OF MEMBERSHIP OR TEN OR MORE YEARS OF
CREDITED SERVICE SHALL NOT BE REQUIRED TO CONTRIBUTE TO A RETIREMENT
SYSTEM PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS CHAPTER.
S 7. The cost attributable to the operation of this act shall be borne
by the unified court system.
S 8. This act shall take effect immediately; provided, that the amend-
ments to subdivision a of section 603 of the retirement and social secu-
rity law made by section three of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 13 of
chapter 682 of the laws of 2003, as amended, when upon such date the
provisions of section four of this act shall take effect.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Peace Officers employed by the Unified Court
System to retire without benefit reduction due to early retirement upon
the attainment of age fifty-five (55) and completion of at least twen-
ty-five (25) years of service. In addition this bill removes the
required member contributions of 4% of salary that such Tier 5 members
would make for all years of service and replaces that requirement with
3% of salary for the first 10 years of service only.
If this bill is enacted, we anticipate that for Tier 2, 3 and 4 Peace
Officers employed by the Unified Court System there will be an increase
of approximately $1.0 million in the annual contributions of the State
of New York, on behalf of the Unified Court System for the fiscal year
ending March 31, 2011. In addition, for all Tier 5 Peace Officers
employed by the Unified Court System, there will also be an annual
increase to the State of New York of approximately 2.8% of salary.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $45.4 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, 2011.
A. 4143--A 4
These estimated costs are based on 6,286 known affected officers
having a total estimated annual salary for the fiscal year ending March
31, 2010 of approximately $495 million.
This estimate, dated March 26, 2010 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-97, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.