NY State Senate Bill 2009-S5018

Senate Bill S5018

2009-2010 Legislative Session

Permits certain public safety dispatchers, public safety telecommunicators and communication officers to retire upon completion of 25 years of creditable service

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 27, 2009	referred to civil service and pensions

2009-S5018 (ACTIVE) - Details

See Assembly Version of this Bill:: A8198
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-S5018 (ACTIVE) - Summary

Permits certain public safety dispatchers, public safety telecommunicators and communication officers employed by the state, or a county or municipal 911 department to retire upon completion of 25 years of creditable service if such employer elects to provide this alternative.

2009-S5018 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5018

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
the retirement of state, county, municipal and affiliated employer 911
operators

 PURPOSE :
To provide an optional 25 year retirement plan for state, county,
municipal, and affiliated employer 911 operators.

 SUMMARY OF PROVISIONS :
This bill provides certain public safety dispatchers, public safety
telecommunicators and communication officers employed by the state,
county, municipal, City of New York or affiliated employer 911
departments to retire upon the completion of 25 years of creditable
service if the employing state, county, municipality, and affiliated
employer elects to provide this option.

 JUSTIFICATION :
Communication specialists and 911 operators deal first hand with crime
scenes and medical emergencies and are charged with ensuring that
appropriate authorities arrive on the scene in a timely and efficient
manner. During the absence of emergency response personnel, 911
employees must guide individuals on the scene with first aid, CPR, and
other types of emergency medical techniques in order to save lives.

These employees must also deal first hand with victims of domestic
abuse, violence, and other criminal matters.  Communications
professionals often must respond to several emergency situations at
once and work with an extremely fast paced, stressful environment
which merits a retirement package similar to that of other law
enforcement and emergency response personnel. The fact that 911
operators can be held liable for their first response efforts greatly
increases the need for this legislation, as these employees are
personally on the line. These working conditions have created
situations of high turnover, low morale, and instability within 911
operators. To help ensure the smooth continuation of service, quality
of care, and the accurate, timely response of on-site emergency
response teams, 911 communications personnel should be granted this
benefit.

 LEGISLATIVE HISTORY :
2007: A.8596-A - Referred to Governmental Employees.
2006: S.3741/A.5006 - Veto
365.
2005: S.3741 - Refereed to Civil Service & Pensions/A.5006 - Passed
Assembly.
2004: S.3116 - Referred to Civil Service & Pensions/A.6313 - Reported
to Ways & Means.
2003: S.3116 - Referred to Civil Service & Pensions/A.6313 - Reported
to Ways & Means.
2002: S.6877 - Referred to Civil Service & Pensions/A.11531 - Reported
to Rules.
2001: S.911/A.5014 - Veto
58.

 FISCAL IMPLICATIONS :
This bill would permit certain public safety dispatchers, public
safety telecommunicators and communication officers employed by the
state, or a county or municipal 911 department to retire upon
completion of twenty-five (25) years of creditable service if such
employer elects to provide this alternative. For all eligible Tier 3
officers who elect to forfeit their benefits under Article 14 and all
eligible Tier I, 2 and 4 officers, the benefit 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 would be an
estimated increase in the annual contributions of the electing
employers of approximately 1.4% of the affected members' annual
salaries for the fiscal year ending March 31, 2010 "In addition to the
annual contributions discussed above, there will be an immediate past
service cost for those members who become covered under this
alternative plan which would depend on the length of service, age and
salary of the members, as well as on their current plan. This past
service cost would be borne by the affected employer and could be
amortized over a five (5) or ten (10) year period if so elected by
such employer.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become law; provided that the amendments
to sections 603 and 604 of the retirement and social security law made
by sections three and four of this act shall not affect and shall be
subject to the expiration of such sections pursuant to section 615 of
such law.

2009-S5018 (ACTIVE) - Bill Text download pdf

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

                                  5018

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 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
  the retirement of state, county, municipal and affiliated employer 911
  operators

  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. OPTIONAL TWENTY-FIVE YEAR RETIREMENT PLAN FOR  CERTAIN  PUBLIC
SAFETY  DISPATCHERS,  PUBLIC SAFETY TELECOMMUNICATORS AND COMMUNICATIONS
OFFICERS EMPLOYED BY THE STATE, OR COUNTY OR MUNICIPAL  911  DEPARTMENTS
AND  WHOSE EMPLOYER ELECTS TO PROVIDE SUCH PLAN. A. A MEMBER EMPLOYED BY
THE STATE, A COUNTY OR A MUNICIPALITY SHALL BE ELIGIBLE TO RETIRE PURSU-
ANT TO THE PROVISIONS OF THIS SECTION IF HIS OR HER EMPLOYER  ELECTS  TO
MAKE  THE  BENEFITS  AUTHORIZED BY THIS SECTION AVAILABLE AS PROVIDED IN
SUBDIVISION J OF THIS SECTION, AND IF HE  OR  SHE  IS  A  PUBLIC  SAFETY
DISPATCHER,  PUBLIC  SAFETY TELECOMMUNICATOR OR A COMMUNICATIONS OFFICER
EMPLOYED BY THE STATE, OR IN A COUNTY OR MUNICIPAL 911 DEPARTMENT.  SUCH
ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE ELIGIBILITY PROVISIONS AVAIL-
ABLE  UNDER  ANY  OTHER  PLAN  OF  THIS  ARTICLE TO WHICH SUCH MEMBER IS
SUBJECT. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO  INCLUDE  POSITIONS
WITHIN  THE  PROVISIONS  OF THIS SECTION THAT COMPREHEND THE SAME DUTIES
AND RESPONSIBILITIES, BUT ARE NAMED DIFFERENTLY.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06926-02-9

S. 5018                             2

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  PUBLIC  SAFETY  DISPATCHER,  PUBLIC  SAFETY
TELECOMMUNICATOR  OR  A  COMMUNICATIONS  OFFICER  WHO IS EMPLOYED BY THE
STATE, OR A COUNTY OR A MUNICIPAL 911 DEPARTMENT.
  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 CREDITABLE
SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF  TOTAL  SERVICE  FOR
RETIREMENT PURSUANT TO THIS SECTION.
  F. THE OFFICER OF THE STATE, OR CHIEF EXECUTIVE OFFICER OF A COUNTY OR
MUNICIPALITY  THAT  MAKES  THE ELECTION PROVIDED FOR IN SUBDIVISION J OF
THIS SECTION 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  MEMBERS  IN  ELIGIBLE  TITLES  AS
DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION.
  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 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.
  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 COUNTY OF HIS OR HER EMPLOYER THAT MAKES THE ELECTION  PROVIDED  FOR
IN THIS SECTION.
  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.  (1)  EACH  EMPLOYER THAT ELECTS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
  (2) THE BENEFITS OF THIS SECTION SHALL  BE  AVAILABLE  ONLY  TO  THOSE
MEMBERS AS DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION WHOSE EMPLOY-
ER  ELECTS  TO  PROVIDE  SUCH  BENEFITS BY ADOPTING A RESOLUTION TO SUCH
EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER.    SUCH
RESOLUTION  MAY  ALSO CONTAIN AN ELECTION THAT ANY PAST SERVICES COST BE
PAID OVER EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH  RESOLUTION  SHALL
BE  ACCOMPANIED  BY  THE AFFIDAVIT OF THE OFFICER OF THE STATE MAKING AN
ELECTION PURSUANT TO THIS SUBDIVISION OR THE CHIEF EXECUTIVE OFFICER  OF
THE  COUNTY  OR  MUNICIPALITY THAT THE STATE, COUNTY OR MUNICIPALITY HAS
RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF THE COST OF THE BENE-
FIT PROVIDED BY THIS SECTION.

S. 5018                             3

  (3) SUCH RESOLUTION SHALL APPLY TO ALL MEMBERS DEFINED IN SUBDIVISIONS
A AND D OF THIS SECTION, EXCEPT THOSE ALREADY SUBJECT  TO  A  RETIREMENT
PLAN  WHICH PERMITS IMMEDIATE RETIREMENT WITH A BENEFIT UPON A SPECIFIED
PERIOD OF SERVICE OF TWENTY-FIVE YEARS OR LESS WITHOUT REGARD TO AGE.
  K. 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 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]  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
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-

S. 5018                             4

nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty 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  nine-
ty-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 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 defined in  section  eighty-
nine-w  of  this  chapter, OR IS EMPLOYED AS A PUBLIC SAFETY DISPATCHER,
PUBLIC SAFETY TELECOMMUNICATOR OR COMMUNICATIONS OFFICER EMPLOYED BY THE
STATE, OR A COUNTY OR MUNICIPAL 911 DEPARTMENT, AS  DEFINED  IN  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 OR SHE 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 sala-
ry 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,  SIX HUNDRED FOUR-C, AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF
NINETEEN HUNDRED NINETY-FIVE, OR SIX  HUNDRED  FOUR-D  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 PUBLIC SAFETY

S. 5018                             5

DISPATCHERS, PUBLIC SAFETY TELECOMMUNICATORS OR COMMUNICATIONS  OFFICERS
EMPLOYED  BY  THE  STATE,  OR  A  COUNTY OR MUNICIPAL 911 DEPARTMENT, 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 AN ELECTION HIS OR HER EMPLOYER MAKES
OR WITHIN ONE YEAR AFTER ENTERING THE EMPLOYMENT WITH SUCH COUNTY, MUNI-
CIPALITY OR EMPLOYER UPON WHICH ELIGIBILITY IS  BASED,  WHICHEVER  COMES
LATER.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "CREDITABLE
SERVICE" SHALL HAVE THE MEANING AS SO DEFINED IN 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 FOR A MEMBER WHO IS  EMPLOYED  BY  THE
STATE,  OR IN A COUNTY, MUNICIPALITY OR EMPLOYER THAT MAKES THE ELECTION
PROVIDED FOR IN SUBDIVISION J OF SECTION EIGHTY-NINE-X OF  THIS  CHAPTER
AS  A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR OR COMMU-
NICATIONS OFFICER 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, BUT NOT EXCEEDING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
amendments 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:
  This bill would permit certain public safety dispatchers, public safe-
ty  telecommunicators  and communication officers employed by the state,
or a county or municipal 911 department to  retire  upon  completion  of
twenty-five  (25) years of creditable service if such employer 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,  the benefit 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 would be an esti-
mated increase in the annual contributions of the electing employers  of
approximately  1.4%  of  the  affected  members' annual salaries for the
fiscal year ending March 31, 2010.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost for  those  members  who  become  covered
under this alternative plan which would depend on the length of service,
age  and  salary  of the members, as well as on their current plan. This
past service cost would be borne by the affected employer and  could  be
amortized  over a five (5) or ten (10) year period if so elected by such
employer.
  This estimate, dated February 2,  2009,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note  No. 2009-127
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.

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