senate Bill S7716

Vetoed By Governor
2013-2014 Legislative Session

Creates an optional twenty-year retirement plan for members of the New York state police and fire retirement system

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Archive: Last Bill Status Via A9162 - 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.548
Dec 05, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1502
substituted for s7716
Jun 18, 2014 substituted by a9162
ordered to third reading cal.1502
committee discharged and committed to rules
Jun 02, 2014 referred to civil service and pensions

Votes

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S7716 - Bill Details

See Assembly Version of this Bill:
A9162
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §384-f, R & SS L; add §8-a, Chap 504 of 2009

S7716 - Bill Texts

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Creates an optional twenty-year retirement plan for certain members of the New York state police and fire retirement system.

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BILL NUMBER:S7716

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to an optional twenty-year retirement plan for
members of the New York state and local police and fire retirement
system and to amend chapter 504 of the laws of 2009, amending the
retirement and social security law relating to establishing police and
fire retirement provisions, in relation to special retirement plans
for members of the New York state police and fire retirement system

PURPOSE:

This bill creates an optional twenty-year retirement plan for members
of the New York state police and fire retirement system to ensure all
firefighters in New York State are treated equally as it pertains to
the enactment of the 2003 Tier V legislation.

SUMMARY OF PROVISIONS:

Section 1 amends the Retirement and Social Security law by adding a
new section 384-f to grant professional firefighters not subject to a
collective bargaining agreement, the same rights as those subject to
collective bargaining agreements with respect to electing an optional
retirement plan pursuant to RSSL Section 384-d.

Section 2 amends Part A of Chapter 504 of the laws of 2009, by adding
a new section 8-a, which provides that notwithstanding any other
provision of law to the contrary any member of the New York state
police and fire retirement system who became a member on or after July
1, 2009 and before January 10, 2010 may join a special retirement plan
open to him or her pursuant to a collectively negotiated agreement
with any state or local government employer, where such agreement was
unexpired or expired but continued pursuant to section nine of the
civil service law or after June 1, 2009 and before January 10, 2010.

Section 3 provides that notwithstanding any other provision of law to
the contrary, section 25 of the retirement and social security law
shall not apply to sections one and two of this act.

Section 4 provides that this act shall take effect immediately.

JUSTIFICATION:

In 2009, the Legislature passed a new tier V pension bill for public
employees. Tier V placed firefighters hired after January 2010 into
the tier V plan. Those firefighters hired between July 1, 2005 and the
effective date of Tier V (January 9, 2010) working under a current
collective bargaining agreement were provided the opportunity to elect
or remain in a noncontributory twenty year plan until the expiration
of their respective contracts. This same protection was not afforded
firefighters working without a collective bargaining agreement. For
example, Buffalo professional firefighters have operated honorably
without a new collective bargaining agreement since 2001.

This bill would afford the same opportunities to such professional
firefighters as those working pursuant to a collective bargaining
agreement. This bill would not apply to any member in Tier VI.


LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

See fiscal note.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7716

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by  Sen.  YOUNG  -- 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
  an  optional  twenty-year  retirement plan for members of the New York
  state and local police and fire retirement system and to amend chapter
  504 of the laws of 2009, amending the retirement and  social  security
  law relating to establishing police and fire retirement provisions, in
  relation to special retirement plans for members of the New York state
  police and fire retirement system

  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 384-f to read as follows:
  S 384-F. OPTIONAL TWENTY-YEAR RETIREMENT PLAN FOR MEMBERS OF  THE  NEW
YORK  STATE  POLICE  AND  FIRE RETIREMENT SYSTEM. A. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CODE TO THE CONTRARY,
ANY MEMBER OF THE NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM WHOSE
MEMBERSHIP IN SUCH RETIREMENT SYSTEM COMMENCED BETWEEN JULY  FIRST,  TWO
THOUSAND  NINE  AND  MARCH  THIRTY-FIRST  TWO THOUSAND TWELVE AND IS NOT
SUBJECT TO THE TERMS OF AN AGREEMENT AS DEFINED BY SUBDIVISION TWELVE OF
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW, MAY ELECT TO  CONTRIB-
UTE  TO SUCH RETIREMENT SYSTEM PURSUANT TO SECTION THREE HUNDRED EIGHTY-
FOUR-D OF THIS TITLE, IF HIS OR HER EMPLOYER HAS PREVIOUSLY  ELECTED  TO
MAKE  THE  BENEFITS OF SECTION THREE HUNDRED EIGHTY-FOUR-D OF THIS TITLE
AVAILABLE TO ITS MEMBERS.
  B. ANY MEMBER WHO ELECTS TO CONTRIBUTE PURSUANT TO THIS SECTION  SHALL
NOT  BE  REQUIRED  TO MAKE CONTRIBUTIONS PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER OR SECTION TWELVE HUNDRED FOUR OF THIS CHAPTER.
  C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A  OF  SECTION  THREE
HUNDRED  EIGHTY-FOUR-D  OF  THIS  TITLE ANY MEMBER WHO SEEKS TO ELECT TO
CONTRIBUTE PURSUANT TO THIS SECTION MAY DO SO WITHIN  SIX  MONTHS  AFTER
THE  MEMBER  BECOMES  A  MEMBER OF SUCH RETIREMENT SYSTEM, OR WITHIN SIX
MONTHS AFTER HIS OR HER EMPLOYER ELECTS TO MAKE THE BENEFITS OF  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14397-02-4

S. 7716                             2

THREE  HUNDRED  EIGHTY-FOUR-D OF THIS TITLE AVAILABLE TO ITS MEMBERS; OR
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  S  2.  Part A of chapter 504 of the laws of 2009, amending the retire-
ment and social security law relating to establishing  police  and  fire
retirement provisions, is amended by adding a new section 8-a to read as
follows:
  S  8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY ANY
MEMBER OF THE NEW YORK STATE  POLICE  AND  FIRE  RETIREMENT  SYSTEM  WHO
BECAME A MEMBER ON OR AFTER JULY 1, 2009 AND BEFORE JANUARY 10, 2010 MAY
JOIN  A SPECIAL RETIREMENT PLAN OPEN TO HIM OR HER PURSUANT TO A COLLEC-
TIVELY NEGOTIATED AGREEMENT WITH ANY STATE OR LOCAL GOVERNMENT EMPLOYER,
WHERE SUCH AGREEMENT WAS UNEXPIRED OR EXPIRED BUT CONTINUED PURSUANT  TO
SECTION  TWO  HUNDRED  NINE OF THE CIVIL SERVICE LAW ON OR AFTER JULY 1,
2009 AND BEFORE JANUARY 10, 2010.
  S 3. Notwithstanding any other  provision  of  law  to  the  contrary,
section  25 of the retirement and social security law shall not apply to
sections one and two of this act.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant that an individual who became a Tier 3 or a Tier
5 member of the New York State and  Local  Police  and  Fire  Retirement
System  (PFRS)  and whose employer has elected to provide the provisions
of Section 384-d, and who is not  subject  to  a  collective  bargaining
agreement  (CBA), would no longer be required to make mandatory employee
contributions.
  This bill would also allow a small number of  individuals  who  became
members  of the PFRS on or after July 1, 2009 and before January 9, 2010
and who did not timely file an application to become covered  under  the
provisions  of  Section 384-d within the one year required filing period
to file for such coverage.
  Further, this bill would amend Chapter 504 of  the  Laws  of  2009  to
allow an individual who became a member of PFRS on or after July 1, 2009
and  before  January  10, 2010 to join a special retirement plan open to
him or her pursuant to a collective bargaining agreement in effect on or
after July 1, 2009 and before January 10, 2010.  This bill would  affect
members  hired  under a CBA as well as those hired under a CBA which has
expired but is still operating under  Civil  Service  Law  Section  209.
Such  members  who elect coverage under Article 22 of the Retirement and
Social Security Law will not be required to make employee contributions.
  If this bill is enacted, we anticipate  that  the  employers  of  such
members who are covered under PFRS special retirement contributory plans
would  see an increase in their annual contributions for the fiscal year
ending March 31, 2015 of approximately 4.0% of the annual salaries.
  In addition to these costs, there would be future annual  costs  which
would  be borne by any employer of a member who would become eligible to
file for Section 384-d coverage. These costs would depend on the current
plan coverage and salaries of affected members. There would  also  be  a
past  service  cost for each such member, which would depend on the age,
service, salary and plan coverage of  the  member.  These  past  service
costs would be borne by all the employers in the PFRS.
  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.

S. 7716                             3

  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 Qualification Standards to render the actuarial
opinion contained herein.
  This estimate, dated February 11, 2014,  and  intended  for  use  only
during  the  2014  Legislative  Session,  is  Fiscal  Note  No. 2014-76,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

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