Senate Bill S4659

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

                                 4659--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  FOLEY, ESPADA, THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service  and  Pensions  --  reported favorably from said committee and
  committed to the Committee on Finance --  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
  providing  county  correction  officers with a special optional twenty
  year retirement plan

  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 article 14-C to read as follows:
                              ARTICLE 14-C
    OPTIONAL RETIREMENT PLAN FOR COUNTY CORRECTION OFFICERS OR DEPUTY
               SHERIFFS PERFORMING AS CORRECTION OFFICERS
SECTION 561. DEFINITIONS.
        562. OPTIONAL  TWENTY  YEAR  RETIREMENT PLAN FOR CERTAIN MEMBERS
               WHOSE EMPLOYER ELECTS TO PROVIDE SAME.
        563. ADDITIONAL PENSION BENEFIT FOR MEMBERS OF  OPTIONAL  TWENTY
               YEAR RETIREMENT PLAN.
        564. CONSISTENT PROVISIONS.
  S 561. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  (A)  "MEMBER"  SHALL  MEAN  A  PERSON  WHO  IS  EMPLOYED  AS  A COUNTY
CORRECTION OFFICER OR A  DEPUTY  SHERIFF  WHO  IS  ENGAGED  DIRECTLY  IN
CORRECTION  OFFICER  DUTIES  THAT  AGGREGATE  FIFTY  PER CENTUM OF THEIR
SERVICE BY A COUNTY WHICH ELECTS BY RESOLUTION, DULY ADOPTED, TO PROVIDE
THE BENEFITS AS AUTHORIZED BY THIS ARTICLE.
  (B) "RETIREMENT SYSTEM" SHALL  MEAN  THE  NEW  YORK  STATE  AND  LOCAL
EMPLOYEES' RETIREMENT SYSTEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03009-03-0

              

S. 4659--A                          2

  (C)  "CREDITABLE SERVICE" SHALL INCLUDE ANY AND ALL SERVICES PERFORMED
AS A SHERIFF, UNDERSHERIFF OR DEPUTY  SHERIFF,  OR  CORRECTION  OFFICER.
CREDIT  FOR  SERVICE  AS A MEMBER OR OFFICER OF THE STATE POLICE OR AS A
PAID FIREMAN, POLICEMAN OR OFFICER OF ANY ORGANIZED FIRE  DEPARTMENT  OR
POLICE  FORCE  OR  DEPARTMENT  OF  ANY COUNTY, CITY, VILLAGE, TOWN, FIRE
DISTRICT OR POLICE DISTRICT, SHALL  ALSO  BE  DEEMED  TO  BE  CREDITABLE
SERVICE  AND  SHALL  BE INCLUDED IN COMPUTING 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 OR ARTICLE EIGHT OF THIS CHAPTER.
  S  562. OPTIONAL TWENTY YEAR RETIREMENT PLAN FOR CERTAIN MEMBERS WHOSE
EMPLOYER ELECTS TO PROVIDE SAME. (A) ANY MEMBER OF THE RETIREMENT SYSTEM
MAY ELECT TO BECOME A MEMBER PURSUANT TO THE PROVISIONS OF THIS  SECTION
WITHIN ONE YEAR AFTER HE OR SHE BECOMES A MEMBER, IF HIS OR HER EMPLOYER
HAS  ELECTED  TO MAKE THE BENEFITS PROVIDED BY THIS SECTION AVAILABLE TO
MEMBERS, OR WITHIN ONE YEAR AFTER HIS OR HER EMPLOYER ELECTS TO MAKE THE
BENEFITS PROVIDED BY THIS SECTION AVAILABLE TO ITS MEMBERS.
  (B) ELECTIONS MADE PURSUANT TO THIS SECTION SHALL BE  IN  WRITING  AND
SHALL  BE  DULY  ACKNOWLEDGED AND FILED WITH THE COMPTROLLER. ANY MEMBER
WHO FILES SUCH AN ELECTION PURSUANT TO  THIS  SECTION  MAY  WITHDRAW  IT
AFTER IT HAS BEEN FILED FOR AT LEAST A YEAR. SUCH WITHDRAWAL SHALL BE BY
WRITTEN NOTICE DULY ACKNOWLEDGED AND FILED WITH THE COMPTROLLER.
  (C) A MEMBER PARTICIPATING ON THE BASIS OF THIS SECTION AT THE TIME OF
RETIREMENT  SHALL  BE  ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY
YEARS OF  TOTAL  CREDITABLE  SERVICE  OR  UPON  THE  ATTAINMENT  OF  AGE
SIXTY-TWO, BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT
PROVIDED IN THIS CHAPTER.
  (I)  UPON  COMPLETION OF TWENTY YEARS OF SUCH SERVICE AND UPON RETIRE-
MENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION SUFFICIENT TO PROVIDE HIM
OR HER WITH A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS  OR  HER
FINAL  AVERAGE  SALARY  FOR  EACH  YEAR OF TOTAL CREDITABLE SERVICES FOR
WHICH HE OR SHE IS OTHERWISE ENTITLED BUT NOT EXCEEDING IN THE AGGREGATE
ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  (II) UPON ATTAINMENT OF AGE  SIXTY-TWO  AND  UPON  RETIREMENT  WITHOUT
COMPLETION  OF  TWENTY  YEARS  OF  SUCH  SERVICE, EACH SUCH MEMBER SHALL
RECEIVE A PENSION SUFFICIENT TO PROVIDE HIM OR  HER  WITH  A  RETIREMENT
ALLOWANCE  EQUAL  TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR
EACH YEAR OF CREDITABLE SERVICE. EVERY SUCH MEMBER SHALL ALSO  BE  ENTI-
TLED TO AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY OTHER CREDIT-
ABLE  SERVICE  RENDERED AS OTHERWISE PROVIDED FOR IN THIS CHAPTER.  THIS
LATTER PENSION SHALL NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN  ONE-
HALF OF HIS OR HER FINAL AVERAGE SALARY.
  (D)  THE  INCREASED  PENSIONS  TO  SUCH  MEMBERS,  AS PROVIDED BY THIS
SECTION, SHALL BE PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE PARTIC-
IPATING EMPLOYER ON ACCOUNT OF SUCH MEMBERS. THE ACTUARY OF THE  RETIRE-
MENT  SYSTEM SHALL COMPUTE THE ADDITIONAL CONTRIBUTION REQUIRED FOR 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 OF THE COMPTROLLER, SUCH ADDITIONAL CONTRIBUTIONS SHALL BE
CERTIFIED BY HIM OR HER TO THE CHIEF FISCAL OFFICER OR THE PARTICIPATING
EMPLOYER.  THE  AMOUNT THEREOF SHALL BE INCLUDED IN THE ANNUAL APPROPRI-
ATION OF THE PARTICIPATING EMPLOYER. SUCH AMOUNT SHALL BE  PAID  ON  THE
WARRANT OF THE CHIEF FISCAL OFFICER OF THE PARTICIPATING EMPLOYER TO THE
PENSION ACCUMULATION FUND OF THE RETIREMENT SYSTEM.

S. 4659--A                          3

  (E)  IN  COMPUTING  THE TWENTY YEARS OF COMPLETED SERVICE OF A MEMBER,
FULL CREDIT SHALL BE GIVEN FOR MILITARY SERVICE AS DEFINED  IN  SUBDIVI-
SIONS  TWENTY-NINE-A  AND  THIRTY  OF  SECTION THREE HUNDRED TWO OF THIS
CHAPTER.
  (F)  EVERY  MEMBER PARTICIPATING ON THE BASIS OF THIS SECTION SHALL BE
SEPARATED FROM THE SERVICE ON THE LAST DAY OF THE  CALENDAR  MONTH  NEXT
SUCCEEDING  THE CALENDAR MONTH IN WHICH HE OR SHE ATTAINS AGE SIXTY-TWO,
PROVIDED, HOWEVER, THAT SUCH A MEMBER WHO ATTAINED THE AGE OF  SIXTY-TWO
BEFORE HIS OR HER EMPLOYER ELECTED TO MAKE THE BENEFITS PROVIDED BY THIS
SECTION  AVAILABLE  TO  HIM  OR HER, OR WHO ATTAINS THE AGE OF SIXTY-TWO
WITHIN ONE MONTH AFTER HIS OR HER EMPLOYER MAKES  SUCH  BENEFITS  AVAIL-
ABLE,  TO  BE  ELIGIBLE  FOR  A  PENSION COMPUTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, SHALL BE SEPARATED FROM THE  SERVICE  WITHIN
THREE MONTHS AFTER HIS OR HER EMPLOYER MAKES SUCH BENEFITS AVAILABLE.
  (G)  THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY.
  (H) THE BENEFITS OF THIS SECTION SHALL  BE  AVAILABLE  ONLY  TO  THOSE
MEMBERS  WHOSE  EMPLOYER  ELECTS  TO PROVIDE SUCH BENEFITS BY ADOPTING A
RESOLUTION TO SUCH EFFECT AND FILING A CERTIFIED COPY THEREOF  WITH  THE
COMPTROLLER.
  (I)  THE  BENEFITS  PROVIDED  BY  THIS  SECTION  SHALL BE PAYABLE TO A
MEMBER, UNLESS AT THE DATE OF RETIREMENT SUCH MEMBER WOULD OTHERWISE  BE
ENTITLED TO A GREATER BENEFIT UNDER OTHER PROVISIONS OF THIS CHAPTER HAD
HE OR SHE WITHDRAWN FROM THIS SECTION, IN WHICH EVENT SUCH GREATER BENE-
FITS SHALL BE PAYABLE.
  S  563. ADDITIONAL PENSION BENEFIT FOR MEMBERS OF OPTIONAL TWENTY YEAR
RETIREMENT PLAN. (A) A PARTICIPATING  EMPLOYER  WHICH  HAS  ELECTED,  OR
WHICH ELECTS TO PROVIDE THE BENEFITS OF THE OPTIONAL TWENTY YEAR RETIRE-
MENT  PLAN  FOR  ITS EMPLOYEES AS SPECIFIED IN THIS ARTICLE MAY ELECT TO
MAKE CONTRIBUTIONS FOR THE PURPOSE OF PROVIDING  AN  ADDITIONAL  PENSION
PURSUANT TO THIS SECTION FOR MEMBERS IN ITS EMPLOY WHO ARE ENTITLED TO A
PENSION  PURSUANT  TO  SECTION  FIVE  HUNDRED SIXTY-TWO OF THIS ARTICLE.
EVERY MEMBER EMPLOYED BY AN EMPLOYER WHICH HAS ELECTED THE PROVISIONS OF
SECTION FIVE HUNDRED SIXTY-TWO OF THIS  ARTICLE  AND  THIS  SECTION  MAY
ELECT TO BE COVERED BY THE PROVISIONS OF THIS SECTION BY FILING WITH THE
COMPTROLLER, A DULY EXECUTED AND ACKNOWLEDGED FORM PREPARED BY THE COMP-
TROLLER FOR THAT PURPOSE.
  (B)  UPON RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF
SERVICE IN EXCESS OF TWENTY, AN ADDITIONAL PENSION WHICH SHALL BE  EQUAL
TO  ONE-SIXTIETH  OF HIS OR HER FINAL AVERAGE SALARY; PROVIDED, HOWEVER,
THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT  TO  THIS  SECTION  SHALL  NOT
EXCEED THREE-QUARTERS OF SUCH MEMBER'S FINAL AVERAGE SALARY.
  S  564. CONSISTENT PROVISIONS. NOTHING CONTAINED IN THIS ARTICLE SHALL
BE CONSTRUED TO OTHERWISE AFFECT THE APPLICABILITY  OF  ARTICLE  ELEVEN,
FOURTEEN  OR FIFTEEN OF THIS CHAPTER. ANY OTHER PROVISIONS OF THIS CHAP-
TER RELATING TO MANDATORY CONTRIBUTION TO THE  RETIREMENT  SYSTEM  BASED
UPON A MEMBER'S DATE OF MEMBERSHIP IN SUCH SYSTEM SHALL NOT BE DEEMED TO
BE AFFECTED BY THE PROVISIONS OF THIS ARTICLE, AND ANY MEMBER WHO ON THE
EFFECTIVE  DATE  OF THIS ARTICLE IS NOT REQUIRED TO CONTRIBUTE SHALL NOT
BE REQUIRED TO MAKE ANY CONTRIBUTIONS AS A RESULT OF THIS  SECTION.  FOR
THOSE  MEMBERS  REQUIRED  TO  CONTRIBUTE  TO THE RETIREMENT SYSTEM, SUCH
CONTRIBUTION SHALL BE TREATED IN THE SAME MANNER AS SPECIFIED  FOR  SUCH
MEMBERS IN ARTICLE FOURTEEN OR FIFTEEN OF THIS CHAPTER.
  S 2. Any past service payments required of a county as a result of the
adoption of the benefits permitted by this act may be paid over a period
of up to ten years at the option of such county.

S. 4659--A                          4

  S 3. A demand in collective bargaining negotiations for the additional
pension benefits provided by this act shall not be considered a mandato-
ry  subject  of negotiations nor shall this act be considered subject to
binding arbitration.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow county correction officers and deputy sheriffs
who are engaged in correction officer duties to become  covered  by  the
provisions  of  a  special  twenty (20) year retirement plan, which will
provide a benefit of one-half of final average salary upon retirement if
the employing county elects to provide such  benefits.  The  county  may
elect  an additional benefit of one sixtieth of final average salary for
each year of service in excess of  twenty  (20)  years,  not  to  exceed
fifteen (15) such years.
  If this bill is enacted, the increase in the annual contributions of a
county  electing  to  provide  these benefits will depend on the current
salary and plan coverage of the affected members in its employ, as  well
as  on  the  proposed  plan  elected by such county. For the fiscal year
ending March 31, 2011, the additional annual cost for  the  twenty  (20)
year plan will be 3.4% of the affected correction officers' salaries for
those currently covered by a twenty-five (25) year plan, and 6.0% of the
affected  correction officers' salaries for those currently covered by a
regular age 55 plan. The additional annual cost for the twenty (20) year
plan with additional  sixtieths  will  be  an  additional  0.4%  of  the
affected salaries.
  However,  in  addition  to  the  annual contributions discussed above,
there will be an immediate past service cost for the  affected  officers
which  would  depend  on  the  current  salary,  plan, age and length of
service of the officers, as well as on their proposed  plan.  This  cost
will  be paid over a period of up to ten (10) years as determined by the
employing county which elects the benefit.
  This estimate, dated December 11,  2009  and  intended  for  use  only
during the 2010 Legislative Session, is Fiscal Note No. 2010-6, prepared
by  the  Actuary  for the New York State and Local Employees' Retirement
System.