Assembly Bill A4144

2009-2010 Legislative Session

Allows peace officers employed by the NYSUCS to retire without benefit reduction due to early retirement upon attainment of age 50 and 25 years of service; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2010	print number 4144a
Apr 19, 2010	amend (t) and recommit to governmental employees
Jan 06, 2010	referred to governmental employees
Jan 30, 2009	referred to governmental employees

Bill Amendments

Original

A (Active)

2009-A4144 - Details

See Senate Version of this Bill:: S3166
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§75-h, 442, 503, 603 & 902, rpld §613 sub f, R & SS L

2009-A4144 - Summary

Allows peace officers employed by the unified court system to retire without benefit reduction due to early retirement upon attainment of age 50 and completion of 25 years of service.

2009-A4144 - Bill Text download pdf

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

                                  4144

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A. ABBATE, JOHN -- read once and referred to the
  Committee on Governmental Employees

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

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

  Section 1. Section 75-h of the retirement and social security  law  is
amended by adding a new subdivision h to read as follows:
  H.  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 YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 2. Paragraph 1 of subdivision b of section 442 of the retirement and
social  security  law, as amended by chapter 306 of the laws of 1996, is
amended to read as follows:
  1. 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
  S 3. Subdivision b of section 442 of the retirement and social securi-
ty law is amended by adding a new paragraph 5 to read as follows:
  5.  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 YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 4. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07029-01-9

A. 4144                             2

  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
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  A  GENERAL  MEMBER  WHO IS A 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  YEARS  OF AGE AND
COMPLETION OF TWENTY-FIVE OR MORE YEARS OF SERVICE.
  S 5. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by section 3 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
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 A REDUCTION OF HIS OR HER RETIREMENT BENEFIT
UPON ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION  OF  TWEN-
TY-FIVE YEARS OF SERVICE.
  S 6. 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
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 A REDUCTION OF HIS OR HER  RETIREMENT  BENEFIT

A. 4144                             3

UPON  ATTAINMENT  OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION OF TWEN-
TY-FIVE YEARS OF SERVICE.
  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, however, the
amendments to sections 503 and 603 of the retirement and social security
law, made by sections four, five and six of this act, shall  not  affect
the  expiration  of  such  sections and shall expire on the same date as
article 15 of such law expires pursuant to section 615 of the retirement
and social security law;  provided,  further,  that  the  amendments  to
subdivision  a  of section 603 of the retirement and social security law
made by section five of this act shall be subject to the expiration  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 six 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 (50) and completion of at least twenty-five
(25) years of service.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately  $9.4 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, 2010.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $57.7 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, 2010.
  These estimated costs are based on six thousand  one  hundred  thirty-
eight  (6,138)  known  affected officers having a total estimated annual
salary for the fiscal year ending March 31, 2009 of  approximately  $444
million.
  This  estimate,  dated  December  31,  2008  and intended for use only
during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-80,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

2009-A4144A (ACTIVE) - Details

See Senate Version of this Bill:: S3166
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§75-h, 442, 503, 603 & 902, rpld §613 sub f, R & SS L

2009-A4144A (ACTIVE) - Summary

Allows peace officers employed by the unified court system to retire without benefit reduction due to early retirement upon attainment of age 50 and completion of 25 years of service.

2009-A4144A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4144A

TITLE  OF  BILL:    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 f of
section 613 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: This bill would provide for a 25-year
retirement plan for peace  officers  employed  by  the  Unified  Court
System (UCS) and who are 50 years of age.

SUMMARY  OF  SPECIFIC PROVISIONS:   Section 1 - Amends Section 75-h of
the RSSL, to provide for  a  25-year  benefit  at  age  50  for  peace
officers  employed  by the UCS. These employees are covered under Tier
I.

Section 2 - Amends paragraph 1 of section 442 of the RSSL,  to  remove
peace officers of the OCS.

Section 3- Amends Subdivision b of Section 442 of the RSSL by adding a
new paragraph 2, to provide for a 25-year retirement benefit at age 50
for peace officers of the UCS

Section 4 - Amends Subdivision a of Section 503 of the RSSL to provide
that  a  general  member  who  is  a peace officer employed by UCS may
retire after 25 years of service at age 50

Section 5 - Amends Subdivision a of Section 603 of the RSSL, to  allow
a  member  who  is a peace officer employed by UCS to retire at age 50
after 25 years of service

Section 6 - Attributable Costs

Section 7 - effective date.

JUSTIFICATION: The Peace  Officers,  employed  by  the  Unified  Court
System,  are  involved  in  daily contact with dangerous criminals. As
such, they are forced to deal with a very stressful and tension-filled
environment. In light of the dangerous nature of their employment,  it
is  just  reward  to  allow them to retire after providing 25 years of
dedicated service.

PRIOR LEGISLATIVE HISTORY: A7I95 of  2003-04  Session  -  referred  to
governmental  employees  A5952  of  2005-2006  Session  -  referred to
governmental  employees  A6173  of  2007   Session   -   referred   to
Governmental   Employees   A6173a   of  2008  Session  -  referred  to
Governmental Employees

FISCAL IMPLICATIONS: (see attached)

EFFECTIVE DATE:  Immediately

2009-A4144A (ACTIVE) - Bill Text download pdf

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

                                 4144--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of A. ABBATE, JOHN -- Multi-Sponsored by -- M. of A.
  COOK, HOOPER -- read once and referred to  the  Committee  on  Govern-
  mental  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 f 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. Section 75-h of the retirement and social security  law  is
amended by adding a new subdivision h to read as follows:
  H.  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 YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 2. Paragraph 1 of subdivision b of section 442 of the retirement and
social  security  law, as amended by chapter 306 of the laws of 1996, is
amended to read as follows:
  1. 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
  S 3. Subdivision b of section 442 of the retirement and social securi-
ty law is amended by adding a new paragraph 5 to read as follows:
  5.  A  MEMBER  WHO  IS  A  PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS  OR  HER  RETIREMENT  BENEFIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07029-02-0

A. 4144--A                          2

UPON HIS OR HER ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 4. 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
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 A GENERAL MEMBER WHO IS A  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  YEARS  OF  AGE  AND
COMPLETION OF TWENTY-FIVE OR MORE YEARS OF SERVICE.
  S 5. 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 A REDUCTION OF  HIS  OR  HER  RETIREMENT
BENEFIT UPON ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION OF
TWENTY-FIVE YEARS OF SERVICE.
  S 6. 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-

A. 4144--A                          3

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 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 A REDUCTION OF HIS OR HER RETIREMENT BENEFIT
UPON ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION  OF  TWEN-
TY-FIVE YEARS OF SERVICE.
  S 7. Subdivision f of section 613 of the retirement and social securi-
ty law is REPEALED.
  S 8. 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 PEACE OFFICERS 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 9. The cost attributable to the operation of this act shall be borne
by the unified court system.
  S  10. This act shall take effect immediately; provided, however, that
the amendments to subdivision a of section 603  of  the  retirement  and
social security law made by section five of this act shall be subject to
the  expiration 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 six 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 (50) and completion of at least twenty-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 1, 2, 3 and 4
Peace Officers employed by the Unified Court System  there  will  be  an
increase  of  approximately $12.2 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

A. 4144--A                          4

annual  increase to the State of New York of approximately 4.9% of sala-
ry.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $59.4 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.
  These estimated costs are  based  on  6,402  known  affected  officers
having  a total estimated annual salary for the fiscal year ending March
31, 2010 of approximately $507 million.
  This estimate, dated March 26, 2010 and intended for use  only  during
the  2010  Legislative  Session, is Fiscal Note No. 2010-98, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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Assembly Bill A4144

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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2009-A4144 - Details

2009-A4144 - Summary

2009-A4144 - Bill Text download pdf

2009-A4144A (ACTIVE) - Details

2009-A4144A (ACTIVE) - Summary

2009-A4144A (ACTIVE) - Sponsor Memo

2009-A4144A (ACTIVE) - Bill Text download pdf

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Sponsored By

ABBATE

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A4144 - Details

2009-A4144 - Summary

2009-A4144 - Bill Text download pdf

2009-A4144A (ACTIVE) - Details

2009-A4144A (ACTIVE) - Summary

2009-A4144A (ACTIVE) - Sponsor Memo

2009-A4144A (ACTIVE) - Bill Text download pdf

Comments