S T A T E   O F   N E W   Y O R K
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                                  5437

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 5, 2009
                               ___________

Introduced  by  Sen.  LARKIN -- 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
  increasing the mandatory retirement age for members of the division of
  state police

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

  Section 1. Subdivision e of section 381-b of the retirement and social
security law, as amended by chapter 97 of the laws of 2008,  is  amended
to read as follows:
  e.  Mandatory  retirement.  A member subject to the provisions of this
section shall be retired on December thirty-first of the year  in  which
he or she attains [sixty] SIXTY-TWO years of age.
  Notwithstanding  the  foregoing, any member in service in the division
on August fifteenth, two thousand seven, and who on that date was  enti-
tled  to receive retirement benefits on the thirty-first day of December
in the year in which he or she attained  fifty-seven  years  of  age  as
provided  in paragraph three of subdivision b of this section, may elect
to retain such entitlement, provided the member remains  in  service  on
the  thirtieth  day  of  December in the year in which he or she attains
fifty-seven years of age. The provisions of this subdivision  shall  not
apply to the superintendent.
  NOTWITHSTANDING  THE  FOREGOING, ANY MEMBER IN SERVICE IN THE DIVISION
ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  NINE
THAT  AMENDED  THIS  SUBDIVISION,  AND  WHO ON THAT DATE WAS ENTITLED TO
RECEIVE RETIREMENT BENEFITS ON THE THIRTY-FIRST DAY OF DECEMBER  IN  THE
YEAR IN WHICH HE OR SHE ATTAINED SIXTY YEARS OF AGE AS PROVIDED IN PARA-
GRAPH  THREE  OF SUBDIVISION B OF THIS SECTION, MAY ELECT TO RETAIN SUCH
ENTITLEMENT, PROVIDED THE MEMBER REMAINS IN SERVICE ON THE THIRTIETH DAY
OF DECEMBER IN THE YEAR IN WHICH HE OR SHE ATTAINS SIXTY YEARS  OF  AGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11312-03-9

              

S. 5437                             2

THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT APPLY TO THE SUPERINTEN-
DENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill will amend Section 381-b of the Retirement and
Social  Security  Law by changing the mandatory retirement age to sixty-
two.
  If this bill is  enacted,  there  would  be  additional  benefits  for
certain  members  who  remain  employed  beyond age 60. However, if some
members delay retirement due to enactment of this  bill,  we  would  not
anticipate  that  there would be an increase in the annual contributions
of the State of New York.
  This estimate, dated May 4, 2009, and intended for use only during the
2009 Legislative Session, is Fiscal Note No. 2009-241, prepared  by  the
Actuary for the New York State and Local Employees' Retirement System.