S T A T E O F N E W Y O R K
________________________________________________________________________
5849--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. DESTITO, PERALTA, COLTON, PHEFFER, GABRYSZAK,
GORDON, BENJAMIN, HOYT, GUNTHER, MAGEE, CALHOUN, TOWNSEND, SAYWARD,
SCHROEDER, KOON -- Multi-Sponsored by -- M. of A. AUBRY, CUSICK,
HEASTIE, JOHN, SCOZZAFAVA -- read once and referred to the Committee
on Governmental Employees -- recommitted to the Committee on Govern-
mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the retirement and social security law, in relation to
retirement and benefits for certain employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (a) of paragraph 2 of subdivision a of section
600 of the retirement and social security law, as amended by chapter 421
of the laws of 2006, is amended to read as follows:
(a) Members in the uniformed personnel in institutions under the
jurisdiction of the department of correctional services of New York
state UNLESS AN ELECTION IS MADE PURSUANT TO SECTION SEVEN HUNDRED ONE
OF THIS CHAPTER, other than certain persons as defined in this section
or the New York city department of correction.
S 2. The article heading of article 17 of the retirement and social
security law, as added by chapter 578 of the laws of 1989, is amended to
read as follows:
ELECTION OF ARTICLE FOURTEEN OR FIFTEEN
S 3. Subdivision c of section 700 of the retirement and social securi-
ty law, as added by chapter 578 of the laws of 1989, is amended to read
as follows:
c. [Such] EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED ONE OF THIS
ARTICLE, SUCH election shall be in writing, shall be duly executed and
filed with the comptroller and shall be irrevocable as long as such
member is in a title defined in subdivision i of section eighty-nine of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03447-04-0
A. 5849--A 2
this chapter. The election shall be filed on or before December thirty-
first, nineteen hundred eighty-nine or within one year after such person
becomes employed in such title, whichever date is later.
S 4. The retirement and social security law is amended by adding a new
section 701 to read as follows:
S 701. ELECTION OF THE PROVISIONS OF ARTICLE FIFTEEN BY CERTAIN
MEMBERS. A. THIS SECTION SHALL APPLY TO A MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO JOINED OR REJOINED SUCH
SYSTEM ON OR AFTER JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX AND
WHO IS IN A TITLE DEFINED IN SUBDIVISION I OF SECTION EIGHTY-NINE OF
THIS CHAPTER.
B. A MEMBER MAY, BY FILING AN ELECTION AS SPECIFIED IN SUBDIVISION C
OF THIS SECTION, ELECT TO HAVE HIS OR HER RETIREMENT BENEFITS CALCULATED
AND RETIRE PURSUANT TO ARTICLE FIFTEEN OF THIS CHAPTER.
C. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED
WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE. SUCH ELECTION SHALL BE
MADE PRIOR TO SERVICE RETIREMENT FOR ANY MEMBER ELIGIBLE PURSUANT TO THE
PROVISIONS OF SUBDIVISION A OF THIS SECTION.
S 5. All past service costs incurred due to the enactment of this
legislation will be borne by the state of New York. The state of New
York may elect to amortize this past service cost over a five or ten
year period.
S 6. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Tiers 3 and 5 State Correction Officers and
Tiers 3, 4 and 5 Security Hospital Treatment Assistants to become eligi-
ble to receive benefits under the provisions of Article 15 of the
Retirement and Social Security Law in addition to the half-pay plan at
25 years benefit.
If this bill is enacted, there will be an immediate past service cost
of approximately $135 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. If the State of New York
elects to amortize the past service costs over a period of five (5) or
ten (10) years, the past service cost for the first year including
interest, would be approximately $31.3 million or $18.6 million, respec-
tively.
There will not be an increase in the annual contributions of the State
of New York for the fiscal year ending March 31, 2011.
Theses estimated costs are based on 21,693 affected State Correction
Officers and Security Hospital Treatment Assistants with a total annual
salary of approximately $1.3 billion for the fiscal year ending March
31, 2009.
This estimate, dated January 11, 2010, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-70,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.