NY State Senate Bill 2009-S5391

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
Apr 27, 2009	referred to civil service and pensions

2009-S5391 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §89-f, R & SS L
Versions Introduced in 2011-2012 Legislative Session:: S5383

2009-S5391 (ACTIVE) - Summary

Authorizes Suffolk county correction officers to transfer certain retirement service credit.

2009-S5391 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5391

 TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
allowing members of organized units of Suffolk county correction
officers to transfer service credit from any New York state and local
retirement system earned for service with the New York state
department of mental hygiene


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would permit peace officers employed by the NYS Department
of Mental Hygiene between 1984 and 1990 to transfer pension credit
earned with the NYS Retirement System to the Retirement & Social
Security Law §89-f pension plan established for Suffolk County
Correction Officers.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends §89-f of the Retirement & Social Security Law (RSSL)
to permit the credit transfer described above.

 JUSTIFICATION :

Several former NYS Correction Officers affected by the closing of NYS
correctional facilities in Brentwood and elsewhere were re-employed
off civil service preferred lists as special officers at the Pilgrim
State Psychiatric Center in Suffolk County. These officers
subsequently left service at Pilgrim and were employed as Suffolk
County Correction Officers eligible to retire after twenty-five years
of service under RSSL §89-f. These officers have served years of
unbroken service as peace officers and special officers and should be
entitled to retire after twenty-five years of such service.

These individuals performed many of the duties of police and
firefighters entitled to transfer credit to §89-f during their
employment in the civil service title, Safety and Security Officer,
Grade 12. In fact, their duties were far more hazardous and stressful
than those of some other titles that have been granted the ability to
transfer "up front" credit toward a twenty-five year retirement under

§89-f. Despite this, the retirement system ruled In the Matter of the
Application of Salvatore Canzoneri (2006) He. No. 04-565, that the
existing provisions of RSSL §89-f did not permit this transfer of
credit because the specific job title had been omitted regardless of
the whether the duties performed were peace officer duties. This bill
corrects the injustice of that decision for a small number of affected
employees.

 PRIOR LEGISLATIVE HISTORY :

2007-08: Senate Civil Service and Pensions Cmte./Assembly Governmental
Employees Cmte.

 FISCAL IMPLICATIONS :

See fiscal note appended to bill.

 EFFECTIVE DATE :
Immediately.

2009-S5391 (ACTIVE) - Bill Text download pdf

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

                                  5391

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. FLANAGAN -- 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
  allowing members of organized units of Suffolk county correction offi-
  cers  to  transfer  service  credit  from any New York state and local
  retirement system earned for service with the New York  state  depart-
  ment of mental hygiene

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision d of section 89-f of the retirement and  social
security  law,  as  added  by  chapter  591 of the laws of 1988 and such
section as renumbered by chapter 771 of the laws of 1988, is amended  to
read as follows:
  d.  As used in this section "creditable service" shall include (I) any
and all services performed as a correction officer of Suffolk county  OR
(II) ANY SERVICE DESCRIBED IN SUBDIVISION F OF THIS SECTION.
  S  2. Subdivision f of section 89-f of the retirement and social secu-
rity law, as added by chapter 591 of the laws  of  1988,  relettered  by
chapter  543 of the laws of 1992 and such section as renumbered by chap-
ter 771 of the laws of 1988, is amended to read as follows:
  f. Credit for service as a member or officer of the state police or as
a paid fireman, policeman 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, provided that service as such investigator shall
have  been  rendered  prior to January first, nineteen hundred sixty and
that credit therefor shall not exceed five years, OR  AS  A  SAFETY  AND
SECURITY OFFICER, GRADE TWELVE EMPLOYED BY THE NEW YORK STATE DEPARTMENT
OF  MENTAL  HYGIENE, PROVIDED HOWEVER THAT SUCH SERVICE OCCURRED BETWEEN
JANUARY FIRST, NINETEEN HUNDRED EIGHTY-FOUR AND  DECEMBER  THIRTY-FIRST,
NINETEEN  HUNDRED  NINETY AND SHALL NOT EXCEED FIVE YEARS, shall also be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06535-02-9

S. 5391                             2

deemed to be creditable 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.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, section 50:
  This bill will allow Suffolk County correction officers to be credited
with up to five (5) years of safety and security  officer  service  with
the  New  York State department of mental hygiene between January , 1984
and December 31, 1990, under Suffolk County's Section  89-f  twenty-five
(25) year half-pay retirement plan,
  If this bill is enacted, we anticipate that there will be an immediate
past  service cost of approximately $1.35 million which will be borne by
Suffolk County as a onetime payment. This cost assumes a payment date of
February 1, 2010.
  These  estimated  costs  are  based  on  31  affected  Suffolk  County
correction  officers  having  a  total  estimated  annual salary for the
fiscal year ending March 31, 2009 of approximately $3.0 million.
  This estimate, dated April 28, 2009 and intended for use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-230, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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Senate Bill S5391

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

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2009-S5391 (ACTIVE) - Details

2009-S5391 (ACTIVE) - Summary

2009-S5391 (ACTIVE) - Sponsor Memo

2009-S5391 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Flanagan

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

Actions

2009-S5391 (ACTIVE) - Details

2009-S5391 (ACTIVE) - Summary

2009-S5391 (ACTIVE) - Sponsor Memo

2009-S5391 (ACTIVE) - Bill Text download pdf

Comments