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

                                  8225

                            I N  S E N A T E

                              June 16, 2010
                               ___________

Introduced  by  Sens. ONORATO, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the retirement and social security law, in  relation  to
  alternative  retirement  benefits  for certain members employed by the
  power authority of the state of New York

  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.  ALTERNATIVE  RETIREMENT  BENEFITS  FOR  QUALIFYING  MEMBERS
EMPLOYED BY THE POWER AUTHORITY OF THE STATE OF NEW YORK AT THE  CHARLES
POLETTI  825  MEGAWATT  POWERHOUSE. A. DEFINITIONS. FOR PURPOSES OF THIS
SECTION:
  1. "CHARLES POLETTI 825 MW POWERHOUSE" SHALL MEAN THE  POWER  AUTHORI-
TY'S  OPERATIONS AT THE EIGHT HUNDRED TWENTY-FIVE (NOMINAL) MEGAWATT OIL
AND GAS FIRED ELECTRIC GENERATOR POWERHOUSE LOCATED IN  THE  BOROUGH  OF
QUEENS,  CITY  OF NEW YORK WHICH CEASED OPERATION PURSUANT TO AN OPINION
AND ORDER OF THE NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING  AND
THE  ENVIRONMENT  (CASE 99-F-1627) ISSUED THE SECOND DAY OF OCTOBER, TWO
THOUSAND TWO. "CHARLES POLETTI 825 MW POWERHOUSE" SHALL NOT INCLUDE  ANY
ADMINISTRATION  BUILDING,  WAREHOUSE, 500 MW COMBINED CYCLE PLANT OR ANY
OTHER BUILDING OR STRUCTURE ON THE POLETTI SITE.
  2. "OPEN PERIOD" SHALL MEAN THE PERIOD BEGINNING ON THE FIRST  DAY  OF
AUGUST,  TWO  THOUSAND  TEN AND ENDING ON THE FIFTEENTH DAY OF NOVEMBER,
TWO THOUSAND TEN.
  3. "POWER AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF  THE  STATE  OF
NEW  YORK  CREATED  PURSUANT  TO TITLE ONE OF ARTICLE FIVE OF THE PUBLIC
AUTHORITIES LAW.
  4. "CREDITABLE SERVICE" SHALL INCLUDE ANY AND ALL  SERVICES  PERFORMED
BY  A  QUALIFYING MEMBER WHILE A MEMBER OF A PUBLIC RETIREMENT SYSTEM IN
THE STATE OF NEW YORK.
  5. "QUALIFYING MEMBER" SHALL MEAN ANY MEMBER WHO:
  (I) HAS BEEN REPRESENTED BY UWUA, LOCAL 1-2, AN EMPLOYEE  ORGANIZATION
AS  DEFINED  BY SUBDIVISION FIVE OF SECTION TWO HUNDRED ONE OF THE CIVIL

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

                                                           LBD17687-03-0

S. 8225                             2

SERVICE LAW THAT WAS A PARTY TO A COLLECTIVE BARGAINING  AGREEMENT  WITH
THE POWER AUTHORITY;
  (II)  AS OF THE FIRST DAY OF AUGUST, TWO THOUSAND TEN WAS NOT A PROVI-
SIONAL EMPLOYEE AND WAS EMPLOYED BY THE POWER AUTHORITY TO  PERFORM  JOB
DUTIES  AT THE CHARLES POLETTI 825 MW POWERHOUSE IN ONE OF THE FOLLOWING
JOB TITLES  UNDER  SUCH  COLLECTIVE  BARGAINING  AGREEMENT:    OPERATING
MECHANIC A, CONTROL OPERATOR B, MECHANIC A, CONTROL OPERATION A, RECORDS
AND  DOCUMENT  CLERK,  OR  SENIOR ELECTRICAL TECHNICIAN (NOT ASSIGNED TO
METERING ENGINEERING); AND
  (III) ON OR BEFORE THE FIFTEENTH DAY OF  NOVEMBER,  TWO  THOUSAND  TEN
REACHED FIFTY YEARS OF AGE.
  B.  ELIGIBILITY.  1. ANY QUALIFYING MEMBER SHALL BE ELIGIBLE TO RETIRE
PURSUANT TO THE PROVISIONS OF THIS SECTION. SUCH ELIGIBILITY SHALL BE AN
ALTERNATIVE TO THE ELIGIBILITY PROVISIONS AVAILABLE UNDER ANY OTHER PLAN
OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  2. ANY SUCH QUALIFYING MEMBER SHALL BE ELIGIBLE TO RETIRE PURSUANT  TO
THIS  SECTION  WITHOUT  REDUCTION OF HIS OR HER RETIREMENT BENEFIT AFTER
THE COMPLETION OF TWENTY-FIVE YEARS OF CREDITABLE SERVICE BY  FILING  AN
APPLICATION  THEREFOR  WITH  THE  COMPTROLLER DURING THE OPEN PERIOD NOT
LESS THAN THIRTY DAYS PRIOR TO THE EFFECTIVE DATE  OF  RETIREMENT  IN  A
MANNER SIMILAR TO THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE.
  3.  NO  QUALIFYING MEMBER SHALL BE REASSIGNED FROM THE CHARLES POLETTI
825 MW POWERHOUSE TO ANY OTHER LOCATION AT POLETTI  AFTER  MARCH  FIRST,
TWO  THOUSAND  TEN  UNLESS  AWARDED  A  POSITION  IN CONNECTION WITH THE
BIDDING PROCESS UNDER THE COLLECTIVE BARGAINING AGREEMENT.
  C. 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 FOR ANY OTHER PLAN OF THIS ARTICLE TO
WHICH SUCH MEMBER IS SUBJECT.
  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 is a policeman, an investigator member of
the New York city  employees'  retirement  system,  fireman,  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  chapter,  sanitation  man,  a  special  officer
(including  persons  employed by the city of New York in the title urban
park ranger or associate 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  employees'  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 chap-
ter,  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,

S. 8225                             3

undersheriff  or  deputy sheriff, as defined in section eighty-nine-g of
this chapter, or employed in Nassau county as an ambulance medical tech-
nician, an ambulance  medical  technician/supervisor  or  a  member  who
performs  ambulance  medical  technician related services, as defined in
section eighty-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 sheriff, 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, undersher-
iff, deputy sheriff or correction officer, as defined in section  eight-
y-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 Onon-
daga 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 subdi-
vision j of section eighty-nine-p of this chapter as a  sheriff,  under-
sheriff, deputy sheriff or correction officer as defined in such section
eighty-nine-p  or  is employed in Broome County as a sheriff, undersher-
iff, deputy sheriff or correction officer, as defined in section  eight-
y-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 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 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 and is in a plan which permits immediate retire-
ment upon completion of a specified period of service without regard  to
age  OR  IS  A  QUALIFYING MEMBER AS DEFINED IN SUBDIVISION A OF SECTION
EIGHTY-NINE-X OF THIS CHAPTER. 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

S. 8225                             4

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 or investigator
member of the New York city employees' retirement system or  a  fireman,
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 twen-
ty-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 salary per each year of cred-
ited service.
  S 3. Section 603 of the retirement and social security law is  amended
by adding a new subdivision u to read as follows:
  U.  THE  SERVICE  RETIREMENT  BENEFIT SPECIFIED IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE SHALL BE PAYABLE TO QUALIFYING MEMBERS  AS  DEFINED
IN SUBDIVISION A OF SECTION EIGHTY-NINE-X OF THIS CHAPTER IF SUCH QUALI-
FYING  MEMBERS HAVE MET THE MINIMUM TWENTY-FIVE YEARS CREDITABLE SERVICE
REQUIREMENT AS DEFINED IN SUCH SECTION UPON RETIREMENT. ANY SUCH  QUALI-
FYING MEMBER SHALL BE ENTITLED TO RETIRE BY FILING AN APPLICATION THERE-
FOR  DURING  THE OPEN PERIOD AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS
CHAPTER, IN A MANNER SIMILAR TO THAT PROVIDED IN SECTION SEVENTY 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  SERVICE  RETIREMENT  BENEFIT FOR A MEMBER WHO IS A QUALIFYING
MEMBER AS DEFINED IN SUBDIVISION A  OF  SECTION  EIGHTY-NINE-X  OF  THIS
CHAPTER SHALL BE A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY
TIMES  YEARS  OF QUALIFYING SERVICE, AS DEFINED IN SECTION EIGHTY-NINE-X
OF THIS CHAPTER, AT THE COMPLETION OF AT LEAST TWENTY-FIVE YEARS OF SUCH
SERVICE.
  S 5. This act shall take effect immediately.
  FISCAL NOTE.--This bill will create  new  Sections  89-x,  603(u)  and
604(u)  of  the  Retirement and Social Security Law which will provide a
new retirement benefit for employees of the New York Power Authority who
are employed at the Charles Poletti Power Project. This new benefit will
be available to such members who are at least age  fifty,  who  have  at
least twenty-five years of service credit, and who retire between August
1, 2010 and November 1, 2010. This new benefit will be 2% of Final Aver-
age Salary for each year of service credit.
  If this bill is enacted, it is estimated that there will be an immedi-
ate past service cost of approximately $2.57 million which will be borne
by  the  New  York  Power Authority as a one time payment on February 1,
2011.
  This cost is based on a list of sixteen eligible members  supplied  to
us  by  the  New York Power Authority. If other members became affected,
this cost will change.
  This estimate, dated December 10,  2009  and  intended  for  use  only
during  the  2010  Legislative  Session,  is  Fiscal  Note  No. 2010-51,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.