Senate Bill S5382

2011-2012 Legislative Session

Allows members of organized units of Suffolk county correction officers to transfer service credit from any New York state and local retirement system up to 7 years

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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 04, 2012	referred to civil service and pensions
May 16, 2011	referred to civil service and pensions

2011-S5382 (ACTIVE) - Details

See Assembly Version of this Bill:: A7992
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 2009-2010 Legislative Session:: S5390

2011-S5382 (ACTIVE) - Summary

Allows members of organized units of Suffolk county correction officers to transfer service credit from any New York state and local retirement system up to 7 years.

2011-S5382 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5382

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 up to seven years

PURPOSE OR GENERAL IDEA OF BILL:
Allows the transfer of service credit from any New York state and
local retirement system up to seven years.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision d of §89-f of the Retirement
& Social Security Law.
Section 2. Subdivision f of §89-f of the Retirement & Social Security
Law is amended.

JUSTIFICATION:
All county correction officers and deputy sheriff-jailers with prior
service in any New York State Retirement System should be allowed to
credit such prior time up to a maximum of seven years toward their
retirement. Presently, county correction officers and deputy
sheriff-jailers are not allowed to transfer prior service from within
the same retirement system or another retirement system when they

simply move or transfer from one position to another. Working as a
county correction officer or deputy sheriff-jailer is one of the most
difficult and dangerous jobs.

On a daily basis, these officers are placed in stressful situations
having to face assaults by inmates, verbal abuse, having bodily
fluids thrown at them, threats to themselves and their families -
these are only a few of the inherent dangers they face. Coupled with
shift differentials, working holidays and weekends and mandatory
overtime, the sacrifices made for their jobs have a detrimental
effect, on their personal lives.

Therefore, it is only equitable that county correction officers and
deputy sheriff-jailers should be allowed prior service credit from
any New York State Retirement System (up to a maximum of seven years)
credited to the aggregate total of service time necessary for their
retirement plan.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5390 Civil Service and Pensions Cmte.
2007-08: A.6165A Governmental Employees Cmte./S.3413A Civil Service
and Pensions Cmte.
2005-06: A.6218-A (Abbate)/S.3151-A (Flanagan)
2003-04: A.11460 Rules (Abbate)/S.7429 (Flanagan)

FISCAL IMPLICATIONS:
See fiscal note appended to legislation.

EFFECTIVE DATE:
Immediately.

2011-S5382 (ACTIVE) - Bill Text download pdf

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

                                  5382

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

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 up to seven years

  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, such subdivision
as relettered by chapter 543 of the laws of 1992, and  such  section  as
renumbered  by  chapter  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]
OF  ANY  NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM, NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,  NEW
YORK  CITY POLICE AND FIRE RETIREMENT SYSTEM AND THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM that credit  therefor  shall  not  exceed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10811-02-1

S. 5382                             2

[five]  SEVEN  years,  shall also be 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.--This bill will allow Suffolk County correction  officers
to  be  credited  with  up  to seven (7) years of non-correction officer
service under Suffolk County's twenty-five (25) year half-pay retirement
plan, Section 89-f.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $12.8 million which will be borne  by
Suffolk  County  as a one-time payment. This cost assumes a payment date
of February 1, 2012.
  These estimated costs are based on 814 Suffolk County correction offi-
cers having a total estimated annual salary for the fiscal  year  ending
March 31, 2011 of approximately $83 million.
  This  estimate, dated April 26, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-172,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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Senate Bill S5382

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

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2011-S5382 (ACTIVE) - Details

2011-S5382 (ACTIVE) - Summary

2011-S5382 (ACTIVE) - Sponsor Memo

2011-S5382 (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

2011-S5382 (ACTIVE) - Details

2011-S5382 (ACTIVE) - Summary

2011-S5382 (ACTIVE) - Sponsor Memo

2011-S5382 (ACTIVE) - Bill Text download pdf

Comments