senate Bill S7717

2013-2014 Legislative Session

Relates to benefits for participating employers in the New York state and local police and fire retirement system

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 referred to civil service and pensions

S7717 - Bill Details

See Assembly Version of this Bill:
A9542
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Add Art 26 ยงยง1400 - 1402, R & SS L

S7717 - Bill Texts

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Relates to benefits for participating employers in the New York state and local police and fire retirement system.

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BILL NUMBER:S7717

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to creating an optional twenty year retirement plan
for certain police officers and firefighters who are members of the
New York state and local police and fire retirement system

PURPOSE:

To permit all police officers and firefighters in New York State the
opportunity to be treated equally pursuant to the benefits provided in
the retirement and social security law.

SUMMARY OF PROVISIONS:

Section 1 amends the retirement and social security law by adding a
new Article 26 to grant police officers and professional firefighters
the opportunity to participate in a non-contributory twenty year
retirement if their employer so elects.

Section 2 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 police officers and firefighters hired on or
after the effective date of Tier V (January 2, 2010) were placed in a
contributory twenty year retirement plan unless they were subject to a
collective bargaining agreement that provided to the contrary. This
same protection was not afforded police officers and firefighters
working without a collective bargaining agreement.

This bill would afford the same opportunities to such professional
firefighters as those working pursuant to a collective bargaining
agreement at the time of the enactment of Tier V.

In addition, this bill would allow any participating employer, in the
future, to provide a non-contributory twenty year retirement
notwithstanding the provisions of Tier V or Tier VI.

It should be noted that this additional benefit is not to be
considered a mandatory subject of bargaining pursuant to the Taylor
Law.

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
________________________________________________________________________

                                  7717

                            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
  creating  an  optional  twenty year retirement plan for certain police
  officers and firefighters who are members of the New  York  state  and
  local 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 article 26 to read as follows:
                               ARTICLE 26
                          BENEFIT ENHANCEMENTS
SECTION 1400. NON-CONTRIBUTORY BASIS.
        1401. COLLECTIVE BARGAINING.
        1402. PAST SERVICE COSTS.
  S 1400. NON-CONTRIBUTORY BASIS. (A) NOTWITHSTANDING THE PROVISIONS  OF
THIS  CHAPTER  OR ANY OTHER LAW TO THE CONTRARY A PARTICIPATING EMPLOYER
IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE  RETIREMENT  SYSTEM  MAY
ELECT  TO  PROVIDE  ITS EMPLOYEES WHO ARE MEMBERS OF THE OPTIONAL TWENTY
YEAR RETIREMENT PLAN FOR POLICE AND FIREFIGHTERS ELIGIBILITY TO  PARTIC-
IPATE ON A NON-CONTRIBUTORY BASIS.
  (B)  NO  MEMBER  WHO  PARTICIPATES IN THIS NON-CONTRIBUTORY RETIREMENT
PLAN SHALL BE ENTITLED TO A REFUND OF PREVIOUS CONTRIBUTIONS MADE TO THE
CONTRIBUTORY TWENTY YEAR RETIREMENT PLAN.
  S 1401. COLLECTIVE BARGAINING. A DEMAND IN COLLECTIVE BARGAINING NEGO-
TIATIONS FOR THE ADDITIONAL BENEFIT PROVIDED BY SECTION FOURTEEN HUNDRED
OF THIS ARTICLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH  (B)
OR  (C)  OF  SUBDIVISION  FOUR  OF SECTION TWO HUNDRED NINE OF THE CIVIL
SERVICE LAW, NOR SHALL SUCH DEMAND  BE  SUBJECT  TO  ANY  PROVISION  FOR
INTEREST ARBITRATION CONTAINED IN ANY LOCAL LAW, RESOLUTION OR ORDINANCE
ADOPTED  BY  ANY  GOVERNMENTAL  ENTITY  PURSUANT  TO  SUBDIVISION ONE OF
SECTION TWO HUNDRED TWELVE OF THE CIVIL SERVICE LAW.
  S 1402. PAST SERVICE COSTS. ANY PARTICIPATING EMPLOYER THAT ELECTS THE
ADDITIONAL BENEFITS PROVIDED BY THIS ARTICLE MAY ALSO ELECT TO  PAY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14986-01-4

S. 7717                             2

PAST  SERVICE  COST  ASSOCIATED WITH THIS BENEFIT IN TEN ANNUAL INSTALL-
MENTS.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill will allow employers in the New York State and Local Police
and Fire Retirement System which have elected to provide their employees
with the benefits of the 20 year contributory retirement plan  to  elect
to  provide eligibility for their employees to participate on a non-con-
tributory basis. Any member who participates on a non-contributory basis
will not be entitled to a refund of previous member contributions.
  If this bill is enacted, there will  be  an  increase  in  the  annual
contributions of electing employers on behalf of their Tiers 3, 5, and 6
members.  For  the  fiscal year ending March 31, 2015, the percentage of
salary increases will be 3.7% for tier 3 members, 4.1% for tier 5 384-d,
4.0% for tier 5 384-e, 7.7% for tier 6 384-d and 384-e. These costs will
be borne by the employers which elect to provide this benefit.
  There will not be a past service cost.
  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 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  statement  of  actuarial  opinion
contained herein.
  This estimate, dated April 14, 2014, and intended for use only  during
the  2014  Legislative Session, is Fiscal Note No. 2014-116, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System and the New York State and Local Employees' Retirement System.

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