Senate Bill S3349

2009-2010 Legislative Session

Authorizes the county of Monroe to offer certain retirement benefits to deputy sheriffs-civil of such county

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Mar 17, 2009	referred to civil service and pensions

co-Sponsors

2009-S3349 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §89-x, amd §§445, 603 & 604, R & SS L

2009-S3349 (ACTIVE) - Summary

Authorizes the county of Monroe to elect to offer certain retirement benefits (twenty-five years of service, regardless of age) to deputy sheriffs-civil of such county; provides for the costs to be borne by the county of Monroe.

2009-S3349 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3349

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
the retirement of deputy sheriffs-civil in the county of Monroe


 PURPOSE :
To allow the County of Monroe to adopt a special twenty-five (25) year
retirement plan for Deputy Sheriffs employed by the County.

 SUMMARY OF PROVISIONS :
This bill would allow the County of Monroe to adopt a special
twenty-five (25) year retirement plan for Deputy Sheriffs, with the
following provisions:

* The benefit upon retirement would be one-fiftieth of the final
average salary for each year of service, not exceeding one-half of
final average salary.

* There would be no reduction for early service retirement, payable
regardless of age.

* Monroe County would have until December 31, 2007 to adopt a
resolution providing this benefit.

* Monroe County would bear the full costs associated with this plan,
and the past service costs would be paid over either a five (5) or ten
(10) year period. In order to allow the County of Monroe to provide
this benefit, the Retirement & Social Security Law would be amended as
follows:

* add a new §89-x

* amend subdivision (a) of §445

* amend §603, by adding a new subdivision (t)

* amend §604, by adding a new subdivision (u)

 JUSTIFICATION :

This legislation would allow the County of Monroe to provide their
Deputy Sheriffs with a similar retirement benefit already provided to
other Deputy Sheriffs and law enforcement officials employed by the
County. It is only fair and just that the State of New York provide
the County with the opportunity to bring equity to this system,
offering an enhanced retirement benefit for these seven hard working
and dedicated men and women. These public servants are presently
forced to work side by side with their fellow deputies, who already
enjoy such enhanced benefits.

This bill has been requested by the Monroe County Sheriffs Deputies
Association.

 LEGISLATIVE HISTORY :
S.4586/A.7497 of 1999-2000; Referred to Senate Committee on Civil
Service and Pensions
S.7104A of 2001-2002; Referred to Senate Committee on Civil Service
and Pensions
S.734B/A. 2379B; Passed Senate in 2003
S.2433A/A.6348A of 2005/2006; Referred to Civil Service and Pensions
S.1695/ A.6774-A of 2007-08; Committed to Rules

 FISCAL IMPLICATIONS :

If this bill is enacted for the six individuals known to be affected,
there will be an estimated increase of approximately $8,900 in the
annual contributions of Monroe County for the fiscal year ending March
31, 2008. There will be an immediate past service cost of
approximately $10,000.

 EFFECTIVE DATE :
This act shall take effect immediately provided that the amendments
made to sections 603 and 604 of the retirement and social security law
made by sections three and four of this act respectively shall expire
on the same date as such section expire pursuant to section 615 of
such law.

2009-S3349 (ACTIVE) - Bill Text download pdf

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

                                  3349

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ,  ALESI, ROBACH -- 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
  the retirement of deputy sheriffs-civil in the county of Monroe

  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 DEPUTY SHERIFFS-CIVIL IN MONROE COUNTY.  A. A
MEMBER EMPLOYED IN MONROE COUNTY SHALL BE ELIGIBLE TO RETIRE PURSUANT TO
THE PROVISIONS OF SECTION EIGHTY-NINE-P OF THIS ARTICLE IF THE COUNTY OF
MONROE ELECTS TO MAKE THE BENEFITS PROVIDED IN SECTION EIGHTY-NINE-P  OF
THIS  ARTICLE  AVAILABLE  TO THE SHERIFF, UNDERSHERIFFS, DEPUTY SHERIFFS
AND CORRECTION OFFICERS OF SUCH COUNTY AND IF HE  OR  SHE  IS  A  DEPUTY
SHERIFF-CIVIL  OF SUCH COUNTY.  SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE
TO THE ELIGIBILITY PROVISIONS AVAILABLE UNDER ANY  OTHER  PLAN  OF  THIS
ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  B.  THE  TERM  "CREDITABLE SERVICE" SHALL INCLUDE ANY AND ALL SERVICES
PERFORMED AS A DEPUTY SHERIFF-CIVIL OF MONROE COUNTY AND OTHER  CREDITA-
BLE  SERVICE AS DEFINED IN SUBDIVISIONS D AND E OF SECTION EIGHTY-NINE-P
OF THIS ARTICLE.
  C. MONROE COUNTY IS AUTHORIZED TO ADOPT  A  RESOLUTION  ON  OR  BEFORE
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  NINE TO EXTEND THE PROVISIONS OF
THIS SECTION TO THOSE MEMBERS DEFINED IN SUBDIVISION A OF THIS  SECTION.
A  CERTIFIED  COPY OF SUCH RESOLUTION MUST BE FILED WITH THE COMPTROLLER
AND MAY CONTAIN AN ELECTION THAT ANY PAST  SERVICE  COST  BE  PAID  OVER
EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL BE ACCOMPA-
NIED  BY  THE  AFFIDAVIT OF THE CHIEF EXECUTIVE OFFICER OF MONROE COUNTY
THAT THE COUNTY HAS RECEIVED AN ESTIMATE FROM THE RETIREMENT  SYSTEM  OF
THE COST OF THE BENEFIT PROVIDED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06136-02-9

S. 3349                             2

  D.  THE  SHERIFF 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 THE DEPUTY SHERIFFS-CIVIL
OF MONROE COUNTY.
  E.  UNLESS  OTHERWISE  INDICATED  IN  THIS  SECTION, THE PROVISIONS OF
SECTION EIGHTY-NINE-P OF THIS ARTICLE SHALL BE CONTROLLING.
  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, an investigator member of
the New York city  employees'  retirement  system,  fireman,  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  chapter,  sanitation  man,  a  special  officer
(including  persons  employed by the city of New York in the title urban
park ranger or associate 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  employees'  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 chap-
ter,  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 tech-
nician, an ambulance  medical  technician/supervisor  or  a  member  who
performs  ambulance  medical  technician related services, as defined in
section eighty-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 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, undersher-
iff, deputy sheriff or correction officer, as defined in section  eight-
y-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 Onon-
daga 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 subdi-
vision j of section eighty-nine-p of this chapter as a  sheriff,  under-
sheriff, deputy sheriff or correction officer as defined in such section
eighty-nine-p  or  is employed in Broome County as a sheriff, undersher-

S. 3349                             3

iff, deputy sheriff or correction officer, as defined in section  eight-
y-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 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
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 EMPLOYED
IN MONROE COUNTY AS A DEPUTY SHERIFF-CIVIL AS DEFINED IN SECTION  EIGHT-
Y-NINE-X  OF  THIS  CHAPTER  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 coun-
ty  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 speci-
fied 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  or
investigator member of the New York city employees' retirement system or
a  fireman,  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  bene-
fit  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  DEPUTY  SHERIFFS-CIVIL  IN  MONROE  COUNTY,  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

S. 3349                             4

WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND  TO  NONE  OF  THE
PROVISIONS OF SUCH ARTICLE FOURTEEN. SUCH ELECTION, WHICH SHALL BE IRRE-
VOCABLE,  SHALL BE IN WRITING, DULY EXECUTED AND SHALL BE FILED WITH THE
COMPTROLLER  ON  OR  BEFORE  DECEMBER THIRTY-FIRST, TWO THOUSAND NINE OR
WITHIN ONE YEAR OF ENTERING INTO SERVICE AS A  DEPUTY  SHERIFF-CIVIL  IN
MONROE  COUNTY.  THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEANING AS
SO DEFINED IN SECTION EIGHTY-NINE-T, AS ADDED  BY  CHAPTER  SIX  HUNDRED
THREE  OF  THE  LAWS  OF  NINETEEN  HUNDRED NINETY-EIGHT AND SECTION SIX
HUNDRED ONE 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 IS EMPLOYED AS A
DEPUTY SHERIFF-CIVIL AS DEFINED IN SECTION EIGHTY-NINE-X OF  THIS  CHAP-
TER,  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  AS SUCH DEPUTY SHERIFF-CIVIL, BUT NOT EXCEEDING ONE-HALF OF
HIS OR HER FINAL AVERAGE SALARY.
  S 5. The cost attributable to the operation of this act shall be borne
by the county of Monroe.
  S 6. This act shall take effect immediately, provided that the  amend-
ments made to sections 603 and 604 of the retirement and social security
law  made  by  sections  three  and  four of this act respectively shall
expire on the same date as such sections expire pursuant to section  615
of such law.
  FISCAL  NOTE.--This  bill will allow Deputy Sheriffs-Civil employed by
Monroe County to retire upon completion of  twenty-five  (25)  years  of
creditable  service. The benefit upon retirement will be an allowance of
one-half of final average salary. There would be no reduction for  early
service retirement.
  If  this  bill is enacted, for the six (6) people known to be affected
,we anticipate that there will be an increase of approximately $6,400 in
the annual contributions of Monroe County 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 $28,100 which will  be
borne by Monroe County, assuming a payment date of February 1, 2010.  If
this  cost is amortized over a period of five (5) or ten (10) years, the
costs for the first year,  including  interest,  will  be  approximately
$6,530 or $3,880, respectively.
  This  estimate,  dated  March 3, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-173,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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Senate Bill S3349

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

co-Sponsors

2009-S3349 (ACTIVE) - Details

2009-S3349 (ACTIVE) - Summary

2009-S3349 (ACTIVE) - Sponsor Memo

2009-S3349 (ACTIVE) - Bill Text download pdf

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

co-Sponsors

James S. Alesi

Joseph E. Robach

2009-S3349 (ACTIVE) - Details

2009-S3349 (ACTIVE) - Summary

2009-S3349 (ACTIVE) - Sponsor Memo

2009-S3349 (ACTIVE) - Bill Text download pdf

Comments