S T A T E O F N E W Y O R K
________________________________________________________________________
3166
2009-2010 Regular Sessions
I N S E N A T E
March 12, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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
S. 3166 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
S. 3166 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.