Assembly Bill A4295

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

                                 4295--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of A. ABBATE -- Multi-Sponsored by -- M. of A. COOK,
  PHEFFER -- read once and referred to  the  Committee  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  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  the retirement of members employed as investigators  assigned  to  the
  department of law

  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 89-x to read as follows:
  S 89-X. RETIREMENT OF INVESTIGATORS EMPLOYED BY THE DEPARTMENT OF LAW.
A. "MEMBER", FOR THE PURPOSES OF THIS SECTION, SHALL MEAN  ANY  INVESTI-
GATOR,  DEFINED  IN  PARAGRAPH  (G) OR (M) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY  THE  DEPARTMENT
OF LAW.
  B.  A MEMBER SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF
THIS SECTION IF HE OR SHE IS ENGAGED DIRECTLY IN CRIMINAL  LAW  ENFORCE-
MENT  ACTIVITIES. SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE ELIGI-
BILITY PROVISIONS AVAILABLE UNDER ANY OTHER  PLAN  OF  THIS  ARTICLE  TO
WHICH SUCH MEMBER IS SUBJECT.
  C.  SUCH  MEMBER  SHALL  BE  ENTITLED TO RETIRE UPON THE COMPLETION OF
TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING  AN  APPLICATION
THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
  D.  UPON  COMPLETION  OF  TWENTY-FIVE  YEARS  OF SUCH SERVICE AND UPON
RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE  A  PENSION  WHICH,  TOGETHER
WITH  AN  ANNUITY  WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER  RETIREMENT  AND  AN
ADDITIONAL   PENSION   WHICH   IS   THE   ACTUARIAL  EQUIVALENT  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07423-02-0
              

A. 4295--A                          2

RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI-
TLED SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT  ALLOW-
ANCE EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  E.  AS  USED  IN  THIS  SECTION  "CREDITABLE  SERVICE"  SHALL MEAN ALL
SERVICES PERFORMED AS AN INVESTIGATOR, DEFINED IN PARAGRAPH (G)  OR  (M)
OF  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, EMPLOYED BY THE DEPARTMENT OF  LAW,  PROVIDED  SUCH  EMPLOYMENT  IS
ENGAGED DIRECTLY IN CRIMINAL LAW ENFORCEMENT ACTIVITIES.
  F.  CREDIT  FOR SERVICE AS A MEMBER OR OFFICER OF THE STATE POLICE, OR
AS A PAID FIREFIGHTER, POLICE OFFICER OR OFFICER OF ANY  ORGANIZED  FIRE
DEPARTMENT  OR  POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY, VILLAGE,
TOWN, FIRE DISTRICT OR POLICE DISTRICT, OR A  PAID  FIREFIGHTER,  POLICE
OFFICER  OR  OFFICER  OF ANY ORGANIZED DEPARTMENT OR POLICE FORCE OF THE
CITY OF NEW YORK, OR A PAID FIREFIGHTER, POLICE OFFICER  OR  OFFICER  OF
ANY ORGANIZED DEPARTMENT OR POLICE FORCE OF THE METROPOLITAN TRANSPORTA-
TION  AUTHORITY,  OR  AS  A  CRIMINAL  INVESTIGATOR  IN  THE OFFICE OF A
DISTRICT ATTORNEY, OR AS A SPECIAL  INVESTIGATOR  IN  THE  OFFICE  OF  A
DISTRICT ATTORNEY, OR AS A SPECIAL STATE PROSECUTOR/SPECIAL INVESTIGATOR
FOR THE NEW YORK CITY CRIMINAL JUSTICE SYSTEM, OR AS A PAID POLICE OFFI-
CER  OF THE STATE UNIVERSITY OF NEW YORK, OR AS A PAID POLICE OFFICER OF
THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, OR AS A  PAID
POLICE  OFFICER  OF  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL
ALSO BE DEEMED TO BE CREDITABLE SERVICE AND SHALL BE INCLUDED IN COMPUT-
ING YEARS OF TOTAL SERVICE FOR  RETIREMENT  PURSUANT  TO  THIS  SECTION,
PROVIDED  SUCH SERVICE WAS PERFORMED BY THE MEMBER WHILE CONTRIBUTING TO
THE RETIREMENT SYSTEM PURSUANT TO THE PROVISIONS OF THIS ARTICLE,  ARTI-
CLE EIGHT OR ARTICLE FIFTEEN OF THIS CHAPTER.
  G.  THE  ATTORNEY  GENERAL OR HIS OR HER DESIGNEE SHALL CERTIFY TO THE
COMPTROLLER, PERIODICALLY AND AT  SUCH  INTERVALS  OF  TIME  AS  MAY  BE
REQUIRED  OF  HIM  OR  HER AND IN SUCH FASHION AS MAY BE PRESCRIBED, THE
IDENTITY OF MEMBERS OF THE DEPARTMENT OF LAW WHO ARE ENGAGED DIRECTLY IN
CRIMINAL LAW ENFORCEMENT ACTIVITIES.
  H. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL  SERVICE  OF  A  MEMBER
PURSUANT  TO  THIS SECTION FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE
SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD  WAR
I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
TIME  OF  HIS  OR  HER  ENTRANCE  INTO  THE ARMED FORCES WAS ASSIGNED OR
EMPLOYED AS AN INVESTIGATOR, DEFINED IN PARAGRAPH (G) OR (M) OF SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,  BY  THE
DEPARTMENT OF LAW.
  I. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
ING  SERVICE  WHICH  IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY  OTHER
PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  J. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISION IN THIS ARTICLE TO THE CONTRARY.
  S 2. Subdivision a of section 445 of the retirement and social securi-
ty  law,  as  amended  by chapter 295 of the laws of 2007, is amended to
read as follows:
  a. No member of a retirement system who is subject to  the  provisions
of this article shall retire without regard to age, exclusive of retire-
ment  for  disability, unless he OR SHE is a [policeman] POLICE OFFICER,
an investigator member  of  the  New  York  city  employees'  retirement
system,  [fireman]  FIREFIGHTER, correction officer, a qualifying member
as defined in section eighty-nine-t, as added  by  chapter  six  hundred

A. 4295--A                          3

fifty-seven  of the laws of nineteen hundred ninety-eight, of this chap-
ter, sanitation [man]  WORKER,  a  special  officer  (including  persons
employed by the city of New York in the title urban park ranger or asso-
ciate urban park ranger), school safety agent, campus peace officer or a
taxi  and  limousine  commission  inspector  member of the New York city
employees' retirement system or the New York  city  board  of  education
retirement  system,  a dispatcher member of the New York city employees'
retirement system, a police communications member of the New  York  city
employees' retirement system, an EMT member of the New York city employ-
ees'  retirement  system,  a  deputy sheriff member of the New York city
employees' retirement system, a correction officer  of  the  Westchester
county correction department as defined in section eighty-nine-e of this
chapter  or employed in Suffolk county as a peace officer, as defined in
section eighty-nine-s, as added by chapter five hundred eighty-eight  of
the  laws of nineteen hundred ninety-seven, of this chapter, employed in
Suffolk county as a correction officer, as defined  in  section  eighty-
nine-f  of  this  chapter,  or employed in Nassau county as a correction
officer, uniformed correction division personnel, sheriff,  undersheriff
or  deputy sheriff, as defined in section eighty-nine-g of this chapter,
or employed in Nassau county as  an  ambulance  medical  technician,  an
ambulance  medical  technician/supervisor or a member who performs ambu-
lance medical technician related services, as defined in section  eight-
y-nine-s,  as  amended by chapter five hundred seventy-eight of the laws
of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
county as a peace officer, as defined in section eighty-nine-s, as added
by chapter five hundred ninety-five of  the  laws  of  nineteen  hundred
ninety-seven,  of  this chapter, or employed in Albany county as a sher-
iff, undersheriff, deputy sheriff, correction officer or  identification
officer,  as  defined  in  section  eighty-nine-h  of this chapter or is
employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
iff or correction officer, as defined in section eighty-nine-i  of  this
chapter  or  is  employed  in Orleans county as a sheriff, undersheriff,
deputy  sheriff  or  correction   officer,   as   defined   in   section
eighty-nine-l  of  this  chapter or is employed in Jefferson county as a
sheriff, undersheriff, deputy sheriff or correction officer, as  defined
in  section  eighty-nine-j  of  this  chapter or is employed in Onondaga
county as a deputy sheriff-jail division competitively appointed or as a
correction officer, as defined in section eighty-nine-k of this  chapter
or  is  employed in a county which makes an election under subdivision j
of section eighty-nine-p of this chapter  as  a  sheriff,  undersheriff,
deputy  sheriff or correction officer as defined in such section eighty-
nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty sheriff or correction officer, as defined in section eighty-nine-m of
this chapter or is a Monroe county  deputy  sheriff-court  security,  or
deputy  sheriff-jailor  as defined in section eighty-nine-n, as added by
chapter five hundred ninety-seven of the laws of nineteen hundred  nine-
ty-one,  of  this  chapter or is employed in Greene county as a sheriff,
undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
section  eighty-nine-o  of this chapter or is a traffic officer with the
town of Elmira as defined in section eighty-nine-q of this chapter or is
employed by Suffolk county as a  park  police  officer,  as  defined  in
section  eighty-nine-r of this chapter or is a peace officer employed by
a county probation department as defined in  section  eighty-nine-t,  as
added by chapter six hundred three of the laws of nineteen hundred nine-
ty-eight,  of this chapter or is employed in Rockland county as a deputy
sheriff-civil as defined in section eighty-nine-v  of  this  chapter  as

A. 4295--A                          4

added by chapter four hundred forty-one of the laws of two thousand one,
or  is  employed  in Rockland county as a superior correction officer as
defined in section eighty-nine-v of this chapter  as  added  by  chapter
five hundred fifty-six of the laws of two thousand one or is a paramedic
employed  by  the police department in the town of Tonawanda and retires
under the provisions of section eighty-nine-v of this chapter, as  added
by  chapter four hundred seventy-two of the laws of two thousand one, or
is a county  fire  marshal,  supervising  fire  marshal,  fire  marshal,
assistant  fire  marshal,  assistant  chief  fire  marshal or chief fire
marshal employed by the county of Nassau as defined in  section  eighty-
nine-w  of  this  chapter, OR IS EMPLOYED AS AN INVESTIGATOR EMPLOYED BY
THE DEPARTMENT OF LAW AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS  CHAP-
TER  and is in a plan which permits immediate retirement upon completion
of a specified period of  service  without  regard  to  age.  Except  as
provided  in  subdivision c of section four hundred forty-five-a of this
article, subdivision c of section  four  hundred  forty-five-b  of  this
article,  subdivision  c  of  section  four hundred forty-five-c of this
article, subdivision c of section  four  hundred  forty-five-d  of  this
article,  subdivision  c  of  section  four hundred forty-five-e of this
article, subdivision c of section  four  hundred  forty-five-f  of  this
article  and  subdivision c of section four hundred forty-five-h of this
article, a member in such a plan and such an occupation,  other  than  a
[policeman]  POLICE  OFFICER or investigator member of the New York city
employees' retirement system or a [fireman] FIREFIGHTER,  shall  not  be
permitted  to  retire  prior  to  the completion of twenty-five years of
credited service; provided, however, if such a member in such an occupa-
tion is in a plan which permits retirement  upon  completion  of  twenty
years  of  service  regardless  of age, he may retire upon completion of
twenty years of credited service and prior to the completion of  twenty-
five years of service, but in such event the benefit provided from funds
other  than  those  based on such a member's own contributions shall not
exceed two per centum of final average salary per each year of  credited
service.
  S  3. Section 603 of the retirement and social security law is amended
by adding a new subdivision u to read as follows:
  U. THE SERVICE RETIREMENT BENEFIT SPECIFIED  IN  SECTION  SIX  HUNDRED
FOUR  OF THIS ARTICLE SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE YEARS
OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE EMPLOYED AS INVES-
TIGATORS BY THE DEPARTMENT OF LAW AS DEFINED IN SECTION EIGHTY-NINE-X OF
THIS CHAPTER IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE  REQUIRE-
MENTS  UPON  RETIREMENT, AND (II) IN THE CASE OF A MEMBER SUBJECT TO THE
PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER,  SUCH  MEMBER  FILES  AN
ELECTION  THEREFOR  WHICH PROVIDES THAT HE OR SHE WILL BE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE AND TO NONE OF THE PROVISIONS OF SUCH ARTICLE
FOURTEEN. SUCH ELECTION, WHICH SHALL BE IRREVOCABLE, SHALL BE  IN  WRIT-
ING,  DULY  EXECUTED  AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION.   FOR  THE  PURPOSES  OF
THIS  SUBDIVISION,  THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEANING
AS SO DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER.
  S 4. Section 604 of the retirement and social security law is  amended
by adding a new subdivision u to read as follows:
  U.  THE  EARLY SERVICE RETIREMENT FOR A MEMBER EMPLOYED AS AN INVESTI-
GATOR  EMPLOYED  BY  THE  DEPARTMENT  OF  LAW  AS  DEFINED  IN   SECTION
EIGHTY-NINE-X  OF  THIS CHAPTER SHALL BE A PENSION EQUAL TO ONE-FIFTIETH
OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, AS  DEFINED  IN
SECTION  EIGHTY-NINE-X OF THIS CHAPTER, AT THE COMPLETION OF TWENTY-FIVE

A. 4295--A                          5

YEARS OF SUCH CREDITED SERVICE AS SUCH AN INVESTIGATOR, BUT NOT  EXCEED-
ING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  S  5.  All  costs  attributable  to the operation of this act shall be
borne by the state of New York.
  S 6. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would permit any investigator employed by the department  of
law  who  is  engaged directly in criminal law enforcement activities to
retire upon completion of twenty-five (25) years  of  credible  service,
regardless  of age. The benefit upon retirement would be an allowance of
one-half of final average salary for 25 years of service.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately  $209,000  in the annual contributions of the State of
New York for the fiscal year ending March 31, 2011.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of  approximately  $1.19  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 84 known affected members having a
total estimated salary for the fiscal year  ending  March  31,  2010  of
approximately $7.3 million.
  This  estimate,  dated  February  12,  2010  and intended for use only
during the 2010  Legislative  Session,  is  Fiscal  Note  No.  2010-101,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.