Assembly Bill A9339

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

                                  9339

                          I N  A S S E M B L Y

                             April 11, 2014
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  special retirement plans for sheriffs, undersheriffs and deputy  sher-
  iffs

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

  Section 1. Subdivision a of section 550 of the retirement  and  social
securities  law, as added by chapter 165 of the laws of 1995, is amended
to read as follows:
  a. 1. "Member" shall mean a person  who  is  employed  as  a  sheriff,
undersheriff  or  deputy sheriff who is engaged directly in criminal law
enforcement activities that aggregate fifty per centum  of  his  or  her
service  and  is  a  police officer under the criminal procedure law, as
certified by the county sheriff, by any county which  elects  by  resol-
ution  duly adopted, to provide the benefits as authorized by this arti-
cle[,].
  2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
SION, MEMBER SHALL ALSO INCLUDE A DEPUTY SHERIFF WHO IS A POLICE OFFICER
PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW AS CERTIFIED BY  THE  MUNICIPAL  POLICE  COUNCIL,  WHO  IS
EMPLOYED  BY  NASSAU  OR  SUFFOLK COUNTY; PROVIDED THAT THE EMPLOYER HAS
FILED AN ELECTION TO THAT EFFECT PURSUANT TO PARAGRAPH TWO  OF  SUBDIVI-
SION J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS ARTICLE.
  S 2. Subdivision j of section 552 of the retirement and social securi-
ties  law,  as  added  by chapter 165 of the laws of 1995, is amended to
read as follows:
  j. 1. As used in this section "creditable service" shall include,  any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided,  however,  that criminal law enforcement service shall only be
creditable when it aggregates fifty per centum or more  of  his  or  her
service as a deputy sheriff.
  2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-

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

                                                           LBD14418-02-4

A. 9339                             2

TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  3. AS USED IN PARAGRAPH TWO OF THIS SUBDIVISION, PARTICIPATING EMPLOY-
ER SHALL MEAN NASSAU OR SUFFOLK COUNTY.
  4. 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, 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.-- Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  Nassau County and Suffolk County to elect to
provide that creditable service on the 20 year retirement plan for sher-
iffs shall also include all service performed by a deputy sheriff who is
a police officer pursuant to subdivision thirty-four of section 1.20  of
the criminal procedure law as certified by the municipal police council.
  If  this  bill is enacted, this bill could provide service credit on a
20 year retirement plan, where it otherwise  would  not  be  creditable.
However,  in all likelihood this bill would affect very few members. The
cost of this bill would be minimal.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated March 21, 2014 and intended for use  only  during
the  2014  Legislative  Session, is Fiscal Note No. 2014-84, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.