NY State Senate Bill 2015-S7716

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to civil service and pensions

co-Sponsors

2015-S7716 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §89-x, amd §§445, 603 & 604, R & SS L
Versions Introduced in 2017-2018 Legislative Session:: S6267

2015-S7716 (ACTIVE) - Summary

Authorizes the county of Monroe to adopt a resolution to extend provisions of section 89-x of the retirement and social security law to deputy sheriffs-civil in the county of Monroe; defines "creditable service"; requires at least twenty-five years of service to be eligible for benefits, without regard to age; makes related provisions.

2015-S7716 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7716

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to the retirement of deputy sheriffs-civil in the
county of Monroe

 PURPOSE :

To allow the County of Monroe to adopt a special twenty-five (25) year
retirement plan for Deputy Sheriffs employed by the County.

 SUMMARY OF PROVISIONS :

This bill would allow the County of Monroe to adopt a special
twenty-five (25) year retirement plan for Deputy Sheriffs, with the
following provisions:

*The benefit upon retirement would be one-fiftieth of the final
average salary for each year of service, not exceeding one-half of
final average salary.

*There would be no reduction for early service retirement, payable
regardless of age.

*Monroe County would have until December 31, 2016 to adopt a
resolution providing this benefit.

*Monroe County would bear the full costs associated with this plan,
and the past service costs would be paid over either a five (5) or ten
(10) year period. In order to allow the County of Monroe to provide
this benefit, the Retirement & Social Security Law would be amended as
follows:

*add a new § 89-x

*amend subdivision (a) of § 445

*amend § 603, by adding a new subdivision (t)

*amend § 604, by adding a new subdivision (u)

 JUSTIFICATION :

This legislation would allow the County of Monroe to provide their
Deputy Sheriffs with a similar retirement benefit already provided to
other Deputy Sheriffs and law enforcement officials employed by the
County. It is only fair and just that the State of New York provide
the County with the opportunity to bring equity to this system,
offering an enhanced retirement benefit for these seven hard working
and dedicated men and women. These public servants are presently
forced to work side by side with their fellow deputies, who already
enjoy such enhanced benefits.

This bill has been requested by the Monroe County Sheriffs Deputies
Association.

 LEGISLATIVE HISTORY :

S.4586/A.7497 of 1999-2000; Referred to Senate Committee on Civil
Service and Pensions
S.7104A of 2001-2002; Referred to Senate Committee on Civil Service
and Pensions
S.734B/A. 2379B; Passed Senate in 2003
S.2433A/A.6348A of 2005/2006; Referred to Civil Service and Pensions
S.1695/ A.6774-A of 2007-08; Committed to Rules

 FISCAL IMPLICATIONS :

There will be an estimated increase of approximately $9,930 in the
annual contributions of Monroe County for the fiscal year ending March
31, 2017.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7716 (ACTIVE) - Bill Text download pdf

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

                                  7716

                            I N  S E N A T E

                              May 12, 2016
                               ___________

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, in  relation  to
  the retirement of deputy sheriffs-civil in the county of Monroe

  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 89-x to read as follows:
  S 89-X. RETIREMENT OF DEPUTY SHERIFFS-CIVIL IN MONROE COUNTY.    A.  A
MEMBER EMPLOYED IN MONROE COUNTY SHALL BE ELIGIBLE TO RETIRE PURSUANT TO
THE PROVISIONS OF SECTION EIGHTY-NINE-P OF THIS ARTICLE IF THE COUNTY OF
MONROE  ELECTS TO MAKE THE BENEFITS PROVIDED IN SECTION EIGHTY-NINE-P OF
THIS ARTICLE AVAILABLE TO THE SHERIFF,  UNDERSHERIFFS,  DEPUTY  SHERIFFS
AND  CORRECTION  OFFICERS  OF  SUCH  COUNTY AND IF HE OR SHE IS A DEPUTY
SHERIFF-CIVIL OF SUCH COUNTY.  SUCH ELIGIBILITY SHALL BE AN  ALTERNATIVE
TO  THE  ELIGIBILITY  PROVISIONS  AVAILABLE UNDER ANY OTHER PLAN OF THIS
ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  B. THE TERM "CREDITABLE SERVICE" SHALL INCLUDE ANY  AND  ALL  SERVICES
PERFORMED  AS A DEPUTY SHERIFF-CIVIL OF MONROE COUNTY AND OTHER CREDITA-
BLE SERVICE AS DEFINED IN SUBDIVISIONS D AND E OF SECTION  EIGHTY-NINE-P
OF THIS ARTICLE.
  C.  MONROE  COUNTY  IS  AUTHORIZED  TO ADOPT A RESOLUTION ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN TO EXTEND THE PROVISIONS  OF
THIS  SECTION TO THOSE MEMBERS DEFINED IN SUBDIVISION A OF THIS SECTION.
A CERTIFIED COPY OF SUCH RESOLUTION MUST BE FILED WITH  THE  COMPTROLLER
AND  MAY  CONTAIN  AN  ELECTION  THAT ANY PAST SERVICE COST BE PAID OVER
EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL BE ACCOMPA-
NIED BY THE AFFIDAVIT OF THE CHIEF EXECUTIVE OFFICER  OF  MONROE  COUNTY
THAT  THE  COUNTY HAS RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF
THE COST OF THE BENEFIT PROVIDED BY THIS SECTION.
  D. THE SHERIFF SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY  AND  AT
SUCH  INTERVALS  OF  TIME  AS  MAY BE REQUIRED OF HIM OR HER AND IN SUCH
FASHION AS MAY BE PRESCRIBED, THE IDENTITY OF THE DEPUTY  SHERIFFS-CIVIL
OF MONROE COUNTY.

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

                                                           LBD14523-02-6

S. 7716                             2

  E.  UNLESS  OTHERWISE  INDICATED  IN  THIS  SECTION, THE PROVISIONS OF
SECTION EIGHTY-NINE-P OF THIS ARTICLE SHALL BE CONTROLLING.
  S 2. Subdivision a of section 445 of the retirement and social securi-
ty  law,  as  amended  by chapter 295 of the laws of 2007, is amended to
read as follows:
  a. No member of a retirement system who is subject to  the  provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless he is a policeman, an investigator member of
the  New  York  city  employees'  retirement system, fireman, correction
officer, a qualifying member as defined  in  section  eighty-nine-t,  as
added by chapter six hundred fifty-seven of the laws of nineteen hundred
ninety-eight,  of  this  chapter,  sanitation  man,  a  special  officer
(including persons employed by the city of New York in the  title  urban
park ranger or associate urban park ranger), school safety agent, campus
peace officer or a taxi and limousine commission inspector member of the
New York city employees' retirement system or the New York city board of
education  retirement  system,  a dispatcher member of the New York city
employees' retirement system, a police communications member of the  New
York  city  employees'  retirement system, an EMT member of the New York
city employees' retirement system, a deputy sheriff member  of  the  New
York  city  employees'  retirement  system,  a correction officer of the
Westchester county correction department as defined in  section  eighty-
nine-e of this chapter or employed in Suffolk county as a peace officer,
as  defined  in  section eighty-nine-s, as added by chapter five hundred
eighty-eight of the laws of nineteen hundred ninety-seven, of this chap-
ter, employed in Suffolk county as a correction officer, as  defined  in
section eighty-nine-f of this chapter, or employed in Nassau county as a
correction  officer,  uniformed  correction division personnel, sheriff,
undersheriff or deputy sheriff, as defined in section  eighty-nine-g  of
this chapter, or employed in Nassau county as an ambulance medical tech-
nician,  an  ambulance  medical  technician/supervisor  or  a member who
performs ambulance medical technician related services,  as  defined  in
section  eighty-nine-s, as amended by chapter five hundred seventy-eight
of the laws of  nineteen  hundred  ninety-eight,  of  this  chapter,  or
employed  in  Nassau  county  as  a peace officer, as defined in section
eighty-nine-s, as added by chapter five hundred ninety-five of the  laws
of nineteen hundred ninety-seven, of this chapter, or employed in Albany
county as a sheriff, undersheriff, deputy sheriff, correction officer or
identification  officer,  as  defined  in  section eighty-nine-h of this
chapter or is employed in St. Lawrence county as a  sheriff,  undersher-
iff,  deputy sheriff or correction officer, as defined in section eight-
y-nine-i of this chapter or is employed in Orleans county as a  sheriff,
undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
section eighty-nine-l of this chapter or is employed in Jefferson county
as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
defined in section eighty-nine-j of this chapter or is employed in Onon-
daga county as a deputy sheriff-jail division competitively appointed or
as  a  correction  officer,  as defined in section eighty-nine-k of this
chapter or is employed in a county which makes an election under  subdi-
vision  j  of section eighty-nine-p of this chapter as a sheriff, under-
sheriff, deputy sheriff or correction officer as defined in such section
eighty-nine-p or is employed in Broome County as a  sheriff,  undersher-
iff,  deputy sheriff or correction officer, as defined in section eight-
y-nine-m of this chapter or is  a  Monroe  county  deputy  sheriff-court
security,  or deputy sheriff-jailor as defined in section eighty-nine-n,
as added by chapter five hundred ninety-seven of the  laws  of  nineteen

S. 7716                             3

hundred ninety-one, of this chapter or is employed in Greene county as a
sheriff,  undersheriff, deputy sheriff or correction officer, as defined
in section eighty-nine-o of this chapter or is a  traffic  officer  with
the  town  of Elmira as defined in section eighty-nine-q of this chapter
or is employed by Suffolk county as a park police officer, as defined in
section eighty-nine-r of this chapter or is a peace officer employed  by
a  county  probation  department as defined in section eighty-nine-t, as
added by chapter six hundred three of the laws of nineteen hundred nine-
ty-eight, of this chapter or is employed in Rockland county as a  deputy
sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
added by chapter four hundred forty-one of the laws of two thousand one,
or is employed in Rockland county as a superior  correction  officer  as
defined  in  section  eighty-nine-v  of this chapter as added by chapter
five hundred fifty-six of the laws of two thousand one, OR  IS  EMPLOYED
IN  MONROE COUNTY AS A DEPUTY SHERIFF-CIVIL AS DEFINED IN SECTION EIGHT-
Y-NINE-X OF THIS CHAPTER or  is  a  paramedic  employed  by  the  police
department  in the town of Tonawanda and retires under the provisions of
section eighty-nine-v of this chapter, as added by chapter four  hundred
seventy-two  of  the  laws  of  two  thousand  one,  or is a county fire
marshal, supervising fire marshal, fire marshal, assistant fire marshal,
assistant chief fire marshal or chief fire marshal employed by the coun-
ty of Nassau as defined in section eighty-nine-w of this chapter and  is
in a plan which permits immediate retirement upon completion of a speci-
fied  period  of  service  without  regard to age. Except as provided in
subdivision c of section four  hundred  forty-five-a  of  this  article,
subdivision  c  of  section  four  hundred forty-five-b of this article,
subdivision c of section four  hundred  forty-five-c  of  this  article,
subdivision  c  of  section  four  hundred forty-five-d of this article,
subdivision c of section four  hundred  forty-five-e  of  this  article,
subdivision  c  of section four hundred forty-five-f of this article and
subdivision c of section four hundred forty-five-h of  this  article,  a
member  in such a plan and such an occupation, other than a policeman or
investigator member of the New York city employees' retirement system or
a fireman, shall not be permitted to retire prior to the  completion  of
twenty-five  years  of  credited  service;  provided, however, if such a
member in such an occupation is in a plan which permits retirement  upon
completion  of  twenty years of service regardless of age, he may retire
upon completion of twenty years of credited service  and  prior  to  the
completion  of twenty-five years of service, but in such event the bene-
fit provided from funds other than those based on such  a  member's  own
contributions  shall  not  exceed two per centum of final average salary
per each year of credited service.
  S 3. Section 603 of the retirement and social security law is  amended
by adding a new subdivision u to read as follows:
  U.  THE  SERVICE  RETIREMENT  BENEFIT SPECIFIED IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE SHALL BE PAYABLE TO  MEMBERS  WITH  TWENTY-FIVE  OR
MORE  YEARS  OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE, WHO ARE
EMPLOYED AS DEPUTY  SHERIFFS-CIVIL  IN  MONROE  COUNTY,  AS  DEFINED  IN
SECTION  EIGHTY-NINE-X OF THIS CHAPTER IF: (I) SUCH MEMBERS HAVE MET THE
MINIMUM SERVICE REQUIREMENTS UPON RETIREMENT, AND (II) IN THE CASE OF  A
MEMBER  SUBJECT  TO  THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER,
SUCH MEMBER FILES AN ELECTION THEREFOR WHICH PROVIDES  THAT  HE  OR  SHE
WILL  BE  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE AND TO NONE OF THE
PROVISIONS OF SUCH ARTICLE FOURTEEN. SUCH ELECTION, WHICH SHALL BE IRRE-
VOCABLE, SHALL BE IN WRITING, DULY EXECUTED AND SHALL BE FILED WITH  THE
COMPTROLLER  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN OR

S. 7716                             4

WITHIN ONE YEAR OF ENTERING INTO SERVICE AS A  DEPUTY  SHERIFF-CIVIL  IN
MONROE  COUNTY.  THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEANING AS
SO DEFINED IN SECTION EIGHTY-NINE-T, AS ADDED  BY  CHAPTER  SIX  HUNDRED
THREE  OF  THE  LAWS  OF  NINETEEN  HUNDRED NINETY-EIGHT AND SECTION SIX
HUNDRED ONE OF THIS CHAPTER.
  S 4. Section 604 of the retirement and social security law is  amended
by adding a new subdivision u to read as follows:
  U.  THE  EARLY  SERVICE  RETIREMENT  FOR A MEMBER WHO IS EMPLOYED AS A
DEPUTY SHERIFF-CIVIL AS DEFINED IN SECTION EIGHTY-NINE-X OF  THIS  CHAP-
TER,  SHALL  BE  A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY
TIMES YEARS OF CREDITED SERVICE AT THE COMPLETION OF  TWENTY-FIVE  YEARS
OF  SERVICE  AS SUCH DEPUTY SHERIFF-CIVIL, BUT NOT EXCEEDING ONE-HALF OF
HIS OR HER FINAL AVERAGE SALARY.
  S 5. The cost attributable to the operation of this act shall be borne
by the county of Monroe.
  S 6. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would permit Monroe County deputy sheriffs-civil  to  retire
upon  completion  of  twenty-five  (25) years of creditable service. The
benefit upon retirement would be an allowance of one-half of final aver-
age salary. Further, it would permit such Tier 3 Monroe County employees
who elect on or before December 31, 2016 to forfeit their benefits under
Article 14 and all such Tier  4,  5  and  6  employees  to  retire  upon
completion  of twenty-five (25) years of creditable service with a bene-
fit of one-half of final average salary.
  If this bill is enacted, we anticipate that there will be an  increase
of approximately $9,930 in the annual contributions of Monroe County for
the  fiscal  year ending March 31, 2017. In future years, this cost will
vary as the billing rates and salaries of those affected change.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $67,900  which  will  be
borne  by  Monroe  County. This estimate is based on the assumption that
payment will be made on February 1, 2017.
  These estimated  costs  are  based  on  7  deputy  sheriffs-civil,  as
provided by Monroe County, with a total salary of approximately $400,000
for the fiscal year ending March 31, 2016.
  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, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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 May 5, 2016 and intended for use only during the
2016 Legislative Session, is Fiscal Note No. 2016-95,  prepared  by  the
Actuary for the New York State and Local Retirement System.

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Senate Bill S7716

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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co-Sponsors

2015-S7716 (ACTIVE) - Details

2015-S7716 (ACTIVE) - Summary

2015-S7716 (ACTIVE) - Sponsor Memo

2015-S7716 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

co-Sponsors

Rich Funke

2015-S7716 (ACTIVE) - Details

2015-S7716 (ACTIVE) - Summary

2015-S7716 (ACTIVE) - Sponsor Memo

2015-S7716 (ACTIVE) - Bill Text download pdf

Comments