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