senate Bill S5644A

Vetoed By Governor
2013-2014 Legislative Session

Relates to university police officers appointed by the state university of New York

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Archive: Last Bill Status Via A7862 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.539
Dec 05, 2014 delivered to governor
Jun 12, 2014 returned to assembly
passed senate
3rd reading cal.1333
substituted for s5644a
Jun 12, 2014 substituted by a7862a
Jun 11, 2014 ordered to third reading cal.1333
committee discharged and committed to rules
May 19, 2014 reported and committed to finance
Feb 04, 2014 print number 5644a
amend and recommit to civil service and pensions
Jan 08, 2014 referred to civil service and pensions
May 31, 2013 referred to civil service and pensions

Votes

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Jun 11, 2014 - Rules committee Vote

S5644A
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 19, 2014 - Civil Service and Pensions committee Vote

S5644A
8
0
committee
8
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 19, 2014

aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5644 - Bill Details

See Assembly Version of this Bill:
A7862A
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§302 & 375-f, add §383-d, R & SS L; amd §58, Civ Serv L

S5644 - Bill Texts

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Relates to university police officers appointed by the state university of New York.

view sponsor memo
BILL NUMBER:S5644

TITLE OF BILL: An act to amend the retirement and social security law
and the civil service law, in relation to university police officers
appointed by the state university of New York

PURPOSE: The bill would allow State University police officers to
transfer to the New York State and Local Police and Fire Retirement
System to participate in a special plan with a twenty-five year half
pay retirement benefit, In addition, the bill grants State university
police officers parity with other police officers by allowing them to
laterally transfer to other police forces or departments listed in
Civil Service Law § 58(4).

SUMMARY OF PROVISIONS: Section 1 amends Retirement and Social Security
Law § 302(11) by adding new paragraph i. Section 302(11) sets forth
the definition of "police or fire" service for purposes of the New
York State and Local Police and Fire Retirement System statute
Paragraph i includes service as a State University police officer
within such definition.

Section 2 amends RSSL § 375-f(d) and section 3 adds new section 383-d
to the RSSL to give State University police officers the opportunity
to transfer to the New York State and Local Police and Fire Retirement
System and to participate in a special twenty-five year half pay
benefit special plan comparable to the special plans in which members
of the division of law enforcement in the Department of Environmental
Conservation participate per RSSL § 383-b and the members of the
regional State Park Police participate per RSSL § 383-a

Sections 7 and 8 amend Civil Service Law § 58(3) and § 58(4)(a) and
(b), respectively, to allow State University police officers the
ability to laterally transfer to other listed police forces or
departments The legislation shall take effect immediately.

EXISTING LAW: State University police officers are eligible to
participate in the New York State and Local Employees' Retirement
System. Current law does not provide State University police officers
the ability to transfer to another police force or department

STATEMENT IN SUPPORT: The State University Police is the law
enforcement entity for SUNY's State-operated campuses. Providing a
wide range of law enforcement services, State University police
officers are first responders for major violent felonies, including
active shooting and violent felony crimes in progress.

In 1998, State University police officers became statutorily
recognized as police officers. They have the same selection criteria
and training and perform the same functions as other police officers.
State University police officers are seeking the same retirement
benefits as afforded to the members of their bargaining unit: New York
State Environmental Conservation Police and New York State Park
Police.

Police officers, in general, have one of the highest rates of heart
disease, high blood pressure, stress and other health related problems
The physical deterioration and emotional stress which police officers


encounter is evidence of the necessity to maintain a young and
vigorous force. As such, a service-based retirement plan (as opposed
to an age-based plan) provides the ability for such officers to retire
after a specified number of years which, in turn, allows the hiring of
younger individuals. This legislation will accomplish the goal of
maintaining a younger police force that can respond to the demands of
a campus environment, which typically is comprised of persons between
the ages of 18-22.

Based on 2013 data compiled by the Office of University Police at
System Administration, a significant number of officers have left
University service in the past five years for other police departments
over this retirement issue. It is anticipated that this "train and
transfer" dilemma will increase as current hires would have to wait
until age 62 to retire under recent amendments to the New York State
and Local Employees' Retirement System.

The rapid turnover of newly hired officers to other departments has a
negative impact on morale. There is also a fiscal impact The
estimated cost to train an officer at a police academy and then
undergo field training is approximately $85,000.

LEGISLATIVE HISTORY: In 2007/08, A8150-C/S6130-B passed both houses

FISCAL: If this bill is enacted, it is anticipated that there will be
an increase of approximately $1.6 million in the annual contributions
of the State of New York for the fiscal year ending March 31, 2014

In addition to the annual contributions discussed above, there will be
an immediately past service cost of approximately $10.9 million that
would be borne by the State of New York. This estimate is based on the
assumption that payment will be made on March 1, 2014 If this cost is
amortized over ten (10) years, the cost for the first year, including
interest, would be approximately $1.48 million.

The overall State University police force is comprised of
approximately 582 members which includes university police officers,
investigators supervisors, inspectors and chiefs. If enacted, it is
estimated that approximately 60 percent of the force would immediately
move to this new plan

EFFECTIVE DATE: Immediately

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

                                  5644

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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  and  the  civil
  service  law,  in  relation to university police officers appointed by
  the state university of New York

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

  Section  1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph i to read as follows:
  I. SERVICE AS A UNIVERSITY  POLICE  OFFICER  APPOINTED  BY  THE  STATE
UNIVERSITY  OF  NEW  YORK  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
  S 2. Subdivision d of section 375-f of the retirement and social secu-
rity law, as separately amended by chapters 674 and 677 of the  laws  of
1986, is amended to read as follows:
  d.  In  addition  to the retirement allowance provided pursuant to the
plans set forth in sections three hundred  eighty-three,  three  hundred
eighty-three-a  [and],  three  hundred  eighty-three-b AND THREE HUNDRED
EIGHTY-THREE-D of this [chapter] TITLE, a member of  [either]  ANY  such
plan  who  retires  on or after April first, nineteen hundred sixty-nine
with more than twenty-five years of total service shall be  entitled  to
receive,  in  addition to the benefits provided pursuant to [either] ANY
such section and notwithstanding the limitations of  [either]  ANY  such
section,  an  additional  retirement allowance for such years of service
rendered in excess of twenty-five. The additional  retirement  allowance
for such additional years of service shall be computed as if such member
had  been eligible to have his retirement allowance computed pursuant to
the provisions of subdivision b of section three hundred  seventy-five-c
and  of paragraph one of subdivision a of section three hundred seventy-
five-d of this [chapter] ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11315-01-3

S. 5644                             2

  S 3. The retirement and social security law is amended by adding a new
section 383-d to read as follows:
  S  383-D.  ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION,  THE
TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
PURSUANT  TO  PARAGRAPH  L  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR  TRANSFERS
BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
RETIREMENT  SYSTEM  MAY  TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO  AND  BE
ENTITLED  TO  THE  RETIREMENT  BENEFITS AFFORDED IN ACCORDANCE WITH THIS
SECTION. UPON ANY SUCH TRANSFER THE MEMBER  SHALL  BE  ENTITLED  TO  THE
AMOUNT  OF  SERVICE  WHICH  WOULD  HAVE  BEEN DEEMED CREDITABLE HAD SUCH
MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING  THE  COURSE  OF  HIS  OR  HER
MEMBERSHIP  WITHIN  SUCH  SYSTEM.  CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING  THERETO.
APPLICATION  FOR  SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN.  THE  PROVISIONS
OF  SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY
MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
  C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
TY WHO ELECTS OR IS REQUIRED TO  CONTRIBUTE  UNDER  THIS  SECTION  SHALL
CONTRIBUTE  TO  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
  1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
  2. ATTAINMENT OF AGE SIXTY AS  A  UNIVERSITY  POLICE  OFFICER  IN  THE
SERVICE  OF  THE  STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR  OF  TOTAL
CREDITABLE  SERVICE  NOT  IN  EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE  COMP-
TROLLER.
  D.  EVERY  EMPLOYEE  ENTERING  OR  RE-ENTERING SERVICE AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON  OR  AFTER  THE
EFFECTIVE  DATE  OF  THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
FOR BY THIS SECTION.
  E. A MEMBER WHO IS REQUIRED TO  CONTRIBUTE  IN  ACCORDANCE  WITH  THIS
SECTION  SHALL  CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A  PROPOR-
TION  OF  HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED. SUCH LATTER
PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
FIRST BECOME ELIGIBLE   FOR RETIREMENT UNDER THIS  SECTION,  AN  ANNUITY
EQUAL  TO  ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE  WHEN  HE
OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
CONTRIBUTION  PURSUANT  TO  THIS  SECTION SHALL BE APPROPRIATELY REDUCED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF  THIS  ARTICLE  FOR  SUCH
PERIOD  OF  TIME  AS  HIS  OR  HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.  NO  SUCH
MEMBER  SHALL  BE  REQUIRED  TO  CONTINUE CONTRIBUTIONS AFTER COMPLETING
TWENTY-FIVE YEARS OF SUCH SERVICE.
  F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME  OF
RETIREMENT,  SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON  THE  ATTAINMENT  OF  AGE
SIXTY  BY  FILING  AN  APPLICATION  THEREFOR IN A MANNER SIMILAR TO THAT

S. 5644                             3

PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS  ARTICLE.  HE  OR  SHE
SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
  1.  AN  ANNUITY  WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
  2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH  IS
THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL  EQUAL  ONE-FIFTIETH
OF  HIS  OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
  3. AN ADDITIONAL PENSION EQUAL  TO  THE  PENSION  FOR  ANY  CREDITABLE
SERVICE  RENDERED  WHILE  NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
THREE OF SUBDIVISION A OF SECTION THREE  HUNDRED  SEVENTY-FIVE  OF  THIS
ARTICLE.  THIS PENSION SHALL:
  (I)  BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF  SERVICE  AS  A
UNIVERSITY  POLICE  OFFICER  IN  THE SERVICE OF THE STATE UNIVERSITY FOR
WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
  (II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN  HE  OR  SHE  WOULD
HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
POLICE  OFFICER  IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE
ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
ITY SHALL BE COMPUTED AS IT WOULD BE:
  (A) IF NOT REDUCED BY THE  ACTUARIAL  EQUIVALENT  OF  ANY  OUTSTANDING
LOAN, AND
  (B)  IF  NOT  INCREASED  BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
CONTRIBUTIONS, AND
  (C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE  HIS
OR  HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY
THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS  FOR
OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
  G.  THE  INCREASED  PENSIONS  TO  A  UNIVERSITY  POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION,  SHALL  BE
PAID  FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
MEMBERS.  THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE  THE  ADDI-
TIONAL  CONTRIBUTION  OF  EACH  MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
BENEFITS PROVIDED UNDER  THIS  SECTION.  SUCH  ADDITIONAL  CONTRIBUTIONS
SHALL  BE  COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE  RETIREMENT
SYSTEM  FOR  SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO  THE  CHAN-
CELLOR  OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
THE ANNUAL APPROPRIATION OF THE STATE FOR  THE  STATE  UNIVERSITY.  SUCH
AMOUNT  SHALL  BE  PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
  H. IN COMPUTING THE  TWENTY-FIVE  YEARS  OF  COMPLETED  SERVICE  OF  A
UNIVERSITY  POLICE  OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE  FOR  SERVICE  OF
SUCH  MEMBER  IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF  HER  ENTRANCE  INTO
THE  ARMED  FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW-
ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE  OFFICER  PRIOR  TO
THE  EFFECTIVE  DATE  OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-EIGHT.

S. 5644                             4

  I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
  J.  NOTWITHSTANDING  ANY  PROVISION  OF  SUBDIVISION D, E OR I OF THIS
SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE  COLLECTIVE  NEGOTIATING
UNIT  DESIGNATED  AS  THE  AGENCY  POLICE  SERVICES UNIT AND ESTABLISHED
PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AND  WHO  HAS
ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO  THOUSAND  FIFTEEN,  ELECT  TO
COME  UNDER  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND  FILED  WITH  THE
COMPTROLLER.
  K.  COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
SHALL MAKE CONTRIBUTIONS TO THE  RETIREMENT  SYSTEM  TO  FUND  THE  PAST
SERVICE  LIABILITY  COSTS  ASSOCIATED  WITH  THE  IMPLEMENTATION OF THIS
SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM  ACTUARY.
SUCH  CONTRIBUTIONS  MAY,  AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
OVER A TEN YEAR PERIOD.
  S 4. No employee contributions made to the New York  state  and  local
employees'  retirement system by any state university police officer who
elects to transfer pursuant to this act shall be returned to such  offi-
cer.  Such  employee  contributions  shall  be  used  to offset any past
service costs incurred by operation of the provisions of this act.
  S 5. Notwithstanding subdivision h of section 343  of  the  retirement
and  social  security  law,  the  provisions  of subdivisions c and d of
section 343 of the retirement and social security law  shall  apply  and
the  employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees'  retire-
ment  system  to the New York state and local police and fire retirement
system.
  S 6. Subdivision 3 of section 58 of the civil service law, as  amended
by chapter 435 of the laws of 1997, is amended to read as follows:
  3.  As  used in this section, the term "police officer" means a member
of the regional state park police, THE  STATE  UNIVERSITY  POLICE  or  a
police  force,  police  department,  or  other organization of a county,
city, town, village, housing  authority,  transit  authority  or  police
district,  who  is responsible for the prevention and detection of crime
and the enforcement of the general criminal laws of the state, but shall
not include any person serving as such solely by virtue of his occupying
any other office or position, nor shall such  term  include  a  sheriff,
under-sheriff,  commissioner of police, deputy or assistant commissioner
of police, chief of police, deputy or assistant chief of police  or  any
person  having an equivalent title who is appointed or employed to exer-
cise equivalent supervisory authority.
  S 7. Paragraphs (a) and (b) of subdivision 4  of  section  58  of  the
civil  service  law,  as amended by chapter 435 of the laws of 1997, are
amended to read as follows:
  (a) Any person who has received provisional or  permanent  appointment
in the competitive class of the civil service as a police officer of the
regional  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE or
any police force  or  police  department  of  any  county,  city,  town,
village,  housing  authority, transit authority or police district shall
be eligible to resign from any police force or police department, and to
be appointed as a police officer in the same or any other  police  force
or  police  department without satisfying the age requirements set forth
in paragraph (a) of subdivision one of this section at the time of  such

S. 5644                             5

second  or  subsequent  appointment,  provided such second or subsequent
appointment occurs within thirty days of the date of resignation.
  (b)  Any  person who has received permanent appointment in the compet-
itive class of the civil service as a police  officer  of  the  regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE or any police
force  or  police department of any county, city, town, village, housing
authority, transit authority or police district  shall  be  eligible  to
resign  from  any police force or police department and, subject to such
civil service rules as may be applicable, shall be  eligible  for  rein-
statement  in the same police force or police department or in any other
police force or police department to which he was eligible for transfer,
without satisfying the age requirements set forth in  paragraph  (a)  of
subdivision  one  of  this  section  at  the time of such reinstatement,
provided such reinstatement occurs within one year of the date of resig-
nation.
  S 8. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow State University Police  Officers  to  elect  to
transfer  to  the  New  York  State and Local Police and Fire Retirement
System and to be covered by the provisions of  a  new  twenty-five  (25)
year  half  pay  retirement plan, with additional one-sixtieths of final
average salary for each year of service in excess  of  twenty-five  (25)
years,  but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
members, the additional one-sixtieths can  not  exceed  seven  (7)  such
years.  There  will  be  no  refund  of  Article 14 or Article 15 member
contributions for officers who elect to transfer to the Police and  Fire
Retirement system.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $1.6 million in the annual contributions of  the  State
of New York for the fiscal year ending March 31, 2014.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $10.9 million which
would be borne by the State of New York. This estimate is based  on  the
assumption  that  payment will be made on March 1, 2014. If this cost is
amortized over ten (10) years, the cost for the  first  year,  including
interest, would be approximately $1.48 million.
  It should be noted that in addition to the increase in annual contrib-
utions given above, there would be increases in annual contributions for
future  State  University Police officers who would be Tier 6 members of
the New York State and Local Police and Fire  Retirement  System  rather
than  Tier  6 members of the New York State and Local Employees' Retire-
ment System.
  These estimated costs are based on five hundred eight-two (582)  State
University Police Officers with a total estimated salary of approximate-
ly $41 million for the fiscal year ending March 31, 2013.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.

S. 5644                             6

  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  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 January 25, 2013 and intended for use only during
the 2013 Legislative Session, is Fiscal Note No. 2013-56 prepared by the
Actuary  for  the  New York State and Local Employees' Retirement System
and the New York State and Local Police and Fire Retirement System.

Co-Sponsors

view additional co-sponsors

S5644A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7862A
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§302 & 375-f, add §383-d, R & SS L; amd §58, Civ Serv L

S5644A (ACTIVE) - Bill Texts

view summary

Relates to university police officers appointed by the state university of New York.

view sponsor memo
BILL NUMBER:S5644A

TITLE OF BILL: An act to amend the retirement and social security law
and the civil service law, in relation to university police officers
appointed by the state university of New York

PURPOSE:

The bill would allow State University police officers to transfer to the
New York State and Local Police and Fire Retirement System to partic-
ipate in a special plan with a twenty-five year half pay retirement
benefit, In addition, the bill grants State university police officers
parity with other police officers by allowing them to laterally transfer
to other police forces or departments listed in Civil Service Law
58(4).

SUMMARY OF PROVISIONS:

Section 1 amends Retirement and Social Security Law § 302(11) by adding
new paragraph i. Section 302(11) sets forth the definition of "police or
fire" service for purposes of the New York State and Local Police and
Fire Retirement System statute Paragraph i includes service as a State
University police officer within such definition.

Section 2 amends RSSL § 375-f(d) and section 3 adds new section 383-d to
the RSSL to give State University police officers the opportunity to
transfer to the New York State and Local Police and Fire Retirement
System and to participate in a special twenty-five year half pay benefit
special plan comparable to the special plans in which members of the
division of law enforcement in the Department of Environmental Conserva-
tion participate per RSSL § 383-b and the members of the regional State
Park Police participate per RSSL § 383-a

Sections 7 and 8 amend Civil Service Law § 58(3) and § 58(4)(a) and (b),
respectively, to allow State University police officers the ability to
laterally transfer to other listed police forces or departments The
legislation shall take effect immediately.

EXISTING LAW:

State University police officers are eligible to participate in the New
York State and Local Employees' Retirement System. Current law does not
provide State University police officers the ability to transfer to
another police force or department

STATEMENT IN SUPPORT:

The State University Police is the law enforcement entity for SUNY's
State-operated campuses. Providing a wide range of law enforcement
services, State University police officers are first responders for
major violent felonies, including active shooting and violent felony
crimes in progress.

In 1998, State University police officers became statutorily recognized
as police officers. They have the same selection criteria and training
and perform the same functions as other police officers. State Univer-
sity police officers are seeking the same retirement benefits as
afforded to the members of their bargaining unit: New York State Envi-
ronmental Conservation Police and New York State Park Police.

Police officers, in general, have one of the highest rates of heart
disease, high blood pressure, stress and other health related problems
The physical deterioration and emotional stress which police officers
encounter is evidence of the necessity to maintain a young and vigorous
force. As such, a service-based retirement plan (as opposed to an age-
based plan) provides the ability for such officers to retire after a
specified number of years which, in turn, allows the hiring of younger
individuals. This legislation will accomplish the goal of maintaining a
younger police force that can respond to the demands of a campus envi-
ronment, which typically is comprised of persons between the ages of
18-22.

Based on 2013 data compiled by the Office of University Police at System
Administration, a significant number of officers have left University
service in the past five years for other police departments over this
retirement issue. It is anticipated that this "train and transfer"
dilemma will increase as current hires would have to wait until age 62
to retire under recent amendments to the New York State and Local
Employees' Retirement System.

The rapid turnover of newly hired officers to other departments has a
negative impact on morale. There is also a fiscal impact The estimated
cost to train an officer at a police academy and then undergo field
training is approximately $85,000.

LEGISLATIVE HISTORY:

In 2007/08, A8150-C/S6130-B passed both houses

FISCAL:

If this bill is enacted, it is anticipated that there will be an
increase of approximately $1.6 million in the annual contributions of
the State of New York for the fiscal year ending March 31, 2014. In
addition to the annual contributions discussed above, there will be an
immediately past service cost of approximately $10.9 million that would
be borne by the State of New York. This estimate is based on the assump-
tion that payment will be made on March 1, 2014. If this cost is amor-
tized over ten (10) years, the cost for the first year, including inter-
est, would be approximately $1.48 million.

The overall State University police force is comprised of approximately
582 members which includes university police officers, investigators
supervisors, inspectors and chiefs. If enacted, it is estimated that

approximately 60 percent of the force would immediately move to this new
plan

EFFECTIVE DATE:

Immediately

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

                                 5644--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced by Sens. ROBACH, GALLIVAN, GRISANTI -- read twice and ordered
  printed,  and  when  printed to be committed to the Committee on Civil
  Service and Pensions -- recommitted to the Committee on Civil  Service
  and  Pensions  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the retirement and social security  law  and  the  civil
  service  law,  in  relation to university police officers appointed by
  the state university of New York

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

  Section  1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph i to read as follows:
  I. SERVICE AS A UNIVERSITY  POLICE  OFFICER  APPOINTED  BY  THE  STATE
UNIVERSITY  OF  NEW  YORK  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
  S 2. Subdivision d of section 375-f of the retirement and social secu-
rity law, as separately amended by chapters 674 and 677 of the  laws  of
1986, is amended to read as follows:
  d.  In  addition  to the retirement allowance provided pursuant to the
plans set forth in sections three hundred  eighty-three,  three  hundred
eighty-three-a  [and],  three  hundred  eighty-three-b AND THREE HUNDRED
EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY  such
plan  who  retires  on or after April first, nineteen hundred sixty-nine
with more than twenty-five years of total service shall be  entitled  to
receive,  in  addition to the benefits provided pursuant to [either] ANY
such section and notwithstanding the limitations of  [either]  ANY  such
section,  an  additional  retirement allowance for such years of service
rendered in excess of twenty-five. The additional  retirement  allowance
for such additional years of service shall be computed as if such member
had  been eligible to have his retirement allowance computed pursuant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11315-02-4

S. 5644--A                          2

the provisions of subdivision b of section three hundred  seventy-five-c
and  of paragraph one of subdivision a of section three hundred seventy-
five-d of this [chapter] TITLE.
  S 3. The retirement and social security law is amended by adding a new
section 383-d to read as follows:
  S  383-D.  ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION,  THE
TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
PURSUANT  TO  PARAGRAPH  L  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR  TRANSFERS
BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
RETIREMENT  SYSTEM  MAY  TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO  AND  BE
ENTITLED  TO  THE  RETIREMENT  BENEFITS AFFORDED IN ACCORDANCE WITH THIS
SECTION. UPON ANY SUCH TRANSFER THE MEMBER  SHALL  BE  ENTITLED  TO  THE
AMOUNT  OF  SERVICE  WHICH  WOULD  HAVE  BEEN DEEMED CREDITABLE HAD SUCH
MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING  THE  COURSE  OF  HIS  OR  HER
MEMBERSHIP  WITHIN  SUCH  SYSTEM.  CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING  THERETO.
APPLICATION  FOR  SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN.  THE  PROVISIONS
OF  SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY
MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
  C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
TY WHO ELECTS OR IS REQUIRED TO  CONTRIBUTE  UNDER  THIS  SECTION  SHALL
CONTRIBUTE  TO  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
  1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
  2. ATTAINMENT OF AGE SIXTY AS  A  UNIVERSITY  POLICE  OFFICER  IN  THE
SERVICE  OF  THE  STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR  OF  TOTAL
CREDITABLE  SERVICE  NOT  IN  EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE  COMP-
TROLLER.
  D.  EVERY  EMPLOYEE  ENTERING  OR  RE-ENTERING SERVICE AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON  OR  AFTER  THE
EFFECTIVE  DATE  OF  THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
FOR BY THIS SECTION.
  E. A MEMBER WHO IS REQUIRED TO  CONTRIBUTE  IN  ACCORDANCE  WITH  THIS
SECTION  SHALL  CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A  PROPOR-
TION  OF  HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED. SUCH LATTER
PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
FIRST BECOME ELIGIBLE   FOR RETIREMENT UNDER THIS  SECTION,  AN  ANNUITY
EQUAL  TO  ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE  WHEN  HE
OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
CONTRIBUTION  PURSUANT  TO  THIS  SECTION SHALL BE APPROPRIATELY REDUCED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF  THIS  ARTICLE  FOR  SUCH
PERIOD  OF  TIME  AS  HIS  OR  HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.  NO  SUCH
MEMBER  SHALL  BE  REQUIRED  TO  CONTINUE CONTRIBUTIONS AFTER COMPLETING
TWENTY-FIVE YEARS OF SUCH SERVICE.

S. 5644--A                          3

  F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME  OF
RETIREMENT,  SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON  THE  ATTAINMENT  OF  AGE
SIXTY  BY  FILING  AN  APPLICATION  THEREFOR IN A MANNER SIMILAR TO THAT
PROVIDED  IN  SECTION  THREE  HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
  1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF  HIS  OR  HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
  2.  A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
THE ACTUARIAL EQUIVALENT OF THE  RESERVE-FOR-INCREASED-TAKE-HOME-PAY  TO
WHICH  HE  OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF  CREDITABLE  SERVICE
IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
  3.  AN  ADDITIONAL  PENSION  EQUAL  TO  THE PENSION FOR ANY CREDITABLE
SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY  POLICE  OFFICER  IN
THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
THREE  OF  SUBDIVISION  A  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
ARTICLE.  THIS PENSION SHALL:
  (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE  TIME
OF  RETIREMENT  AND  HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF  THE  STATE  UNIVERSITY  FOR
WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
  (II)  NOT  INCREASE  THE  TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR  THE  PURPOSE
ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
ITY SHALL BE COMPUTED AS IT WOULD BE:
  (A)  IF  NOT  REDUCED  BY  THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
LOAN, AND
  (B) IF NOT INCREASED BY THE ACTUARIAL  EQUIVALENT  OF  ANY  ADDITIONAL
CONTRIBUTIONS, AND
  (C)  IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO  APPLY
THE  AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
  G. THE INCREASED PENSIONS  TO  A  UNIVERSITY  POLICE  OFFICER  IN  THE
SERVICE  OF  THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF  SUCH
MEMBERS.    THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS  TO  RECEIVE  THE  SPECIAL
BENEFITS  PROVIDED  UNDER  THIS  SECTION.  SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING  THE  PROSPECTIVE
SERVICE  OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE  COMPTROLLER,  SUCH
ADDITIONAL  CONTRIBUTIONS  SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED  IN
THE  ANNUAL  APPROPRIATION  OF  THE STATE FOR THE STATE UNIVERSITY. SUCH
AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER  TO  THE  PENSION
ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
  H.  IN  COMPUTING  THE  TWENTY-FIVE  YEARS  OF  COMPLETED SERVICE OF A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE  UNIVERSITY,  FULL
CREDIT  SHALL  BE  GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO  OF  THIS
CHAPTER,  PROVIDED  SUCH  MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO

S. 5644--A                          4

THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND  FULL  ALLOW-
ANCE  SHALL  BE  MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF  THE  LAWS  OF
NINETEEN HUNDRED NINETY-EIGHT.
  I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
  J.  NOTWITHSTANDING  ANY  PROVISION  OF  SUBDIVISION D, E OR I OF THIS
SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE  COLLECTIVE  NEGOTIATING
UNIT  DESIGNATED  AS  THE  AGENCY  POLICE  SERVICES UNIT AND ESTABLISHED
PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AND  WHO  HAS
ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO  THOUSAND  FIFTEEN,  ELECT  TO
COME  UNDER  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND  FILED  WITH  THE
COMPTROLLER.
  K.  COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
SHALL MAKE CONTRIBUTIONS TO THE  RETIREMENT  SYSTEM  TO  FUND  THE  PAST
SERVICE  LIABILITY  COSTS  ASSOCIATED  WITH  THE  IMPLEMENTATION OF THIS
SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM  ACTUARY.
SUCH  CONTRIBUTIONS  MAY,  AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
OVER A TEN YEAR PERIOD.
  S 4. No employee contributions made to the New York  state  and  local
employees'  retirement system by any state university police officer who
elects to transfer pursuant to this act shall be returned to such  offi-
cer.  Such  employee  contributions  shall  be  used  to offset any past
service costs incurred by operation of the provisions of this act.
  S 5. Notwithstanding subdivision h of section 343  of  the  retirement
and  social  security  law,  the  provisions  of subdivisions c and d of
section 343 of the retirement and social security law  shall  apply  and
the  employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees'  retire-
ment  system  to the New York state and local police and fire retirement
system.
  S 6. Subdivision 3 of section 58 of the civil service law, as  amended
by chapter 244 of the laws of 2013, is amended to read as follows:
  3.  As  used in this section, the term "police officer" means a police
officer in the  department  of  environmental  conservation,  THE  STATE
UNIVERSITY  POLICE,  a  member  of  the  regional state park police or a
police force, police department, or  other  organization  of  a  county,
city,  town,  village,  housing  authority,  transit authority or police
district, who is responsible for the prevention and detection  of  crime
and the enforcement of the general criminal laws of the state, but shall
not  include  any  person serving as such solely by virtue of his or her
occupying any other office or position, nor shall such  term  include  a
sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
commissioner of police, chief of police, deputy or  assistant  chief  of
police  or  any  person  having  an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
  S 7. Paragraphs (a) and (b) of subdivision 4  of  section  58  of  the
civil  service  law,  as amended by chapter 244 of the laws of 2013, are
amended to read as follows:
  (a) Any person who has received provisional or  permanent  appointment
in the competitive class of the civil service as a police officer of the
regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
department  of  environmental conservation or any police force or police

S. 5644--A                          5

department of any county, city, town, village, housing authority, trans-
it authority or police district shall be eligible  to  resign  from  any
police force or police department, and to be appointed as a police offi-
cer  in  the same or any other police force or police department without
satisfying the age requirements set forth in paragraph (a)  of  subdivi-
sion  one  of  this  section  at  the  time of such second or subsequent
appointment, provided such second or subsequent appointment occurs with-
in thirty days of the date of resignation.
  (b) Any person who has received permanent appointment in  the  compet-
itive  class  of  the  civil service as a police officer of the regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the  depart-
ment of environmental conservation or any police force or police depart-
ment  of  any  county,  city,  town, village, housing authority, transit
authority or police district shall be eligible to resign from any police
force or police department and, subject to such civil service  rules  as
may  be  applicable,  shall  be  eligible  for reinstatement in the same
police force or police department or in any other police force or police
department to which he or she was eligible for transfer, without  satis-
fying the age requirements set forth in paragraph (a) of subdivision one
of  this  section at the time of such reinstatement, provided such rein-
statement occurs within one year of the date of resignation.
  S 8. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow State University Police  Officers  to  elect  to
transfer  to  the  New  York  State and Local Police and Fire Retirement
System and to be covered by the provisions of  a  new  twenty-five  (25)
year  half  pay  retirement plan, with additional one-sixtieths of final
average salary for each year of service in excess  of  twenty-five  (25)
years,  but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
members, the additional one-sixtieths can  not  exceed  seven  (7)  such
years.    There  will  be  no  refund of Article 14 or Article 15 member
contributions for officers who elect to transfer to the Police and  Fire
Retirement system.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $1.4 million in the annual contributions of  the  State
of New York for the fiscal year ending March 31, 2015.
  In  addition  to the annual contributions discussed above, it is esti-
mated that there will be an immediate past service cost of $10.2 million
which would be borne by the State of New  York,  assuming  that  payment
will  be  made on March 1, 2015. If this cost is amortized over ten (10)
years, the cost for the first year, including interest, would  be  $1.39
million.
  These  estimated  costs  are  based on five hundred eighty (580) State
University Police Officers with a total estimated salary of approximate-
ly $39 million for the fiscal year ending March 31, 2013.
  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.

S. 5644--A                          6

  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 January 24, 2014 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-61 prepared by the
Actuary  for  the  New York State and Local Employees' Retirement System
and the New York State and Local Police an Fire Retirement System.

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