S T A T E   O F   N E W   Y O R K
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                                  4802

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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 detention officers employed by the city of Yonkers
  after twenty-five years of creditable service

  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 DETENTION OFFICERS EMPLOYED BY THE CITY OF YONK-
ERS.  A. A MEMBER EMPLOYED AS A DETENTION OFFICER BY THE CITY OF YONKERS
SHALL  BE  ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION
IF HE OR SHE IS A DETENTION OFFICER OR HOLDS A JOB WITH RESPONSIBILITIES
SIMILAR TO THOSE OF A DETENTION OFFICER, IN THE EVENT THAT THE JOB TITLE
OF DETENTION OFFICER SHALL BE ABOLISHED. 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.  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 A DETENTION OFFICER WITH THE CITY OF YONKERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08705-02-9
              

S. 4802                             2

  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, SHALL ALSO BE DEEMED TO BE CRED-
ITABLE 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.
  F. THE CITY OF YONKERS SHALL CERTIFY TO THE COMPTROLLER,  PERIODICALLY
AND  AT SUCH INTERVALS OF TIME AS MAY BE REQUIRED AND IN SUCH FASHION AS
MAY BE PRESCRIBED, THE IDENTITY OF THE DETENTION OFFICERS IN ITS EMPLOY.
  G. 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
SIMILAR TO THAT PROVIDED  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 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.
  H.  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 CITY OF YONKERS.
  I. 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.
  J. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISION 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 OR SHE 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]  PERSON,  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

S. 4802                             3

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 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 employed in Albany county as  a  sher-
iff,  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 sher-
iff  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 chapter  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  OF  THIS  CHAPTER  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 sher-
iff-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 offi-
cer 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  Rock-
land   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 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 county of Nassau as

S. 4802                             4

defined in section eighty-nine-w of this  chapter,  OR  IS  A  DETENTION
OFFICER EMPLOYED BY THE CITY OF YONKERS AND RETIRES UNDER THE PROVISIONS
OF SECTION EIGHTY-NINE-X 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 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  YEARS
OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE DETENTION OFFICERS
EMPLOYED  BY THE CITY OF YONKERS, AS DEFINED IN SECTION EIGHTY-NINE-X OF
THIS CHAPTER, IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIRE-
MENTS 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 NONE OF THE PROVISIONS OF SUCH ARTICLE
FOURTEEN.  SUCH ELECTION, WHICH SHALL BE IRREVOCABLE, SHALL BE IN  WRIT-
ING,  DULY EXECUTED AND SHALL BE FILED WITH THE COMPTROLLER ON OR BEFORE
SEPTEMBER FIRST, TWO THOUSAND NINE. FOR THE PURPOSES  OF  THIS  SUBDIVI-
SION, THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEANING AS SO DEFINED
IN BOTH SECTIONS EIGHTY-NINE-X AND 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  BENEFIT  FOR  A  MEMBER  WHO  IS  A
DETENTION OFFICER EMPLOYED BY THE CITY OF YONKERS, AS DEFINED IN 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 AS SUCH DETENTION OFFICER,
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 city of Yonkers and shall be paid as provided by  applicable  law
over  a  ten  year  period  commencing with the state fiscal year ending
March 31, 2010.
  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:

S. 4802                             5

  This  bill  would  permit  detention  officers employed by the city of
Yonkers to retire upon the completion of twenty-five (25) years of cred-
itable service if the employing city elects to provide this alternative.
For all eligible Tier 3 officers who elect  to  forfeit  their  benefits
under  Article 14 and all eligible Tier 1, 2 and 4 officers, their bene-
fit upon retirement would be an  allowance  of  one-half  final  average
salary.  There would be no reduction due to early service retirement for
these members.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately  $39,700  in  the  annual contributions of the city of
Yonkers.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $376,000 which would  be
borne  by  the  city  of Yonkers. If this cost were amortized over a ten
(10) year period, the cost for the first year including interest,  would
be  approximately $51,900. This estimate is based on the assumption that
payment will be made on February 1, 2010.
  These estimated costs are based  on  twenty-two  (22)  known  affected
members  having  a  total annual salary for the fiscal year ending March
31, 2009 of approximately $2.7 million.
  This estimate, dated April 27, 2009 and intended for use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-233, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.