Assembly Bill A7163

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

                                  7163

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced by M. of A. ABBATE, DenDEKKER, TOWNSEND, CALHOUN, SALADINO --
  Multi-Sponsored  by  --  M. of A. PHEFFER -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  the  retirement  of  airport  firefighters employed by the division of
  military and naval affairs

  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 AIRPORT FIREFIGHTERS IN THE DIVISION OF MILITARY
AND  NAVAL  AFFAIRS.  A. ANY MEMBER EMPLOYED BY THE DIVISION OF MILITARY
AND NAVAL AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS
OF THIS SECTION IF HE OR  SHE  IS  AN  AIRPORT  FIREFIGHTER  APPRENTICE,
AIRPORT  FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III,
OR A TRAINING AND SAFETY OFFICER. SUCH ELIGIBILITY SHALL BE AN  ALTERNA-
TIVE  TO  THE  ELIGIBILITY  PROVISIONS AVAILABLE UNDER ANY OTHER PLAN OF
THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  B. 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.
  C. 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
RESERVED-FOR-INCREASED-TAKE-HOME-PAY  TO  WHICH  HE  OR  SHE MAY THEN BE
ENTITLED SHALL BE SUFFICIENT TO PROVIDE HIM OR  HER  WITH  A  RETIREMENT
ALLOWANCE EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  D.  AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
ALL SERVICES PERFORMED AS AN  AIRPORT  FIREFIGHTER  APPRENTICE,  AIRPORT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10353-01-9
              

A. 7163                             2

FIREFIGHTER  I,  AIRPORT  FIREFIGHTER  II, AIRPORT FIREFIGHTER III, OR A
TRAINING AND SAFETY OFFICER  IN  THE  DIVISION  OF  MILITARY  AND  NAVAL
AFFAIRS.
  E. 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 AS A CRIMINAL INVESTIGATOR
IN THE OFFICE OF A DISTRICT ATTORNEY, SHALL ALSO BE DEEMED TO BE CREDIT-
ABLE SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF  TOTAL  SERVICE
FOR RETIREMENT PURSUANT TO THIS SECTION.
  F.  A  MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
RETIREMENT MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF TOTAL
CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER  SIMI-
LAR  TO  THAT  PROVIDED  FOR  IN  SECTION  SEVENTY OF THIS ARTICLE. 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 RESERVED-FOR-IN-
CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED SHALL BE SUFFI-
CIENT TO PROVIDE HIM  OR  HER  WITH  A  RETIREMENT  ALLOWANCE  EQUAL  TO
ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  G.  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 IN THE SERVICE  OF
THE  DIVISION OF MILITARY AND NAVAL AFFAIRS OR AN EMPLOYER AS DEFINED IN
SUBDIVISION E OF THIS SECTION.
  H. 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.
  I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISIONS 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  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
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

A. 7163                             3

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 IS EMPLOYED AS AN AIRPORT FIREFIGHTER
APPRENTICE, AIRPORT FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIRE-
FIGHTER III, OR A TRAINING AND SAFETY OFFICER IN THE DIVISION  OF  MILI-
TARY  AND  NAVAL  AFFAIRS,  AS  DEFINED IN SECTION EIGHTY-NINE-X OF THIS
CHAPTER, or employed in Albany county as a sheriff, 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 sheriff 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 chap-
ter 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, deputy 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 ninety-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 ninety-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 added by chapter four hundred forty-one of the
laws of two thousand one, or is employed in Rockland county as a superi-
or correction officer as defined in section eighty-nine-v of this  chap-
ter  as added by chapter five hundred fifty-six of the laws of two thou-
sand 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

A. 7163                             4

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 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  occupation 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 t to read as follows:
  T.  THE  SERVICE  RETIREMENT  BENEFIT SPECIFIED IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE SHALL BE PAYABLE TO  MEMBERS  WITH  TWENTY-FIVE  OR
MORE  YEARS  OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE, WHO ARE
EMPLOYED AS AIRPORT FIREFIGHTERS EMPLOYED BY THE  DIVISION  OF  MILITARY
AND  NAVAL  AFFAIRS, AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER
IF: (I) SUCH MEMBERS HAVE MET  THE  MINIMUM  SERVICE  REQUIREMENTS  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 IS IRREVOCABLE, SHALL BE IN WRITING, DULY EXECUTED,
AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SUBDIVISION OR WITHIN ONE YEAR AFTER ENTERING  THE  EMPLOY-
MENT  WITH  THE  DIVISION OF MILITARY AND NAVAL AFFAIRS, WHICHEVER COMES
LATER. 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 WHO MAKES THE ELECTION
PROVIDED FOR IN SUBDIVISION F OF SECTION EIGHTY-NINE-X OF  THIS  CHAPTER
SHALL  BE  A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES
YEARS OF CREDITED SERVICE AT THE  COMPLETION  OF  TWENTY-FIVE  YEARS  OF
SERVICE, BUT NOT EXCEEDING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  S 5. Any past service costs attributable pursuant to this act shall be
borne by the employer.
  S  6. This act shall take effect immediately; provided that the amend-
ments to sections 603 and 604 of the retirement and social security  law
made  by  sections  three  and four of this act shall expire on the same
date as such sections expire pursuant to section 615 of such law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

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  This bill would allow airport firefighters employed by the division of
military and naval affairs to retire upon completion of twenty-five (25)
years of creditable service. The benefit upon  retirement  would  be  an
allowance  of  one-half  of  final  average  salary.  There  would be no
reduction for early service retirement.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $65,600 in the annual contributions of the State of New
York, 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 $813,000 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.