S T A T E O F N E W Y O R K
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3948--B
Cal. No. 337
2015-2016 Regular Sessions
I N S E N A T E
February 24, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report -- again
amended and ordered reprinted, retaining its place in the order of
third reading
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
security 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, PROVIDED
THAT THE EMPLOYER HAS FILED AN ELECTION TO THAT EFFECT PURSUANT TO PARA-
GRAPH TWO OF SUBDIVISION J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS
ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07744-08-5
S. 3948--B 2
S 2. Subdivision j of section 552 of the retirement and social securi-
ty 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-
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. 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. Subdivision h of section 551 of the retirement and social securi-
ty law, as added by chapter 165 of the laws of 1995, is amended to read
as follows:
h. 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. 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.
2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE COMP-
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.
S 4. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to the appropriation
requirement of section twenty-five of the retirement and social security
law.
S 5. This act shall take effect immediately.
S. 3948--B 3
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill would allow a County to elect to provide that creditable
service on the 20 year retirement plan or the 25 year retirement plan
for sheriffs shall also include all service performed by a deputy sher-
iff 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 or a 25 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, 2014 actuarial valu-
ation. Distributions and other statistics can be found in the 2014
Report of the Actuary and the 2014 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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 June 4, 2015 and intended for use only during the
2015 Legislative Session, is Fiscal Note No. 2015-132, prepared by the
Actuary for the New York State and Local Employees' Retirement System.
