S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6234--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens.  AKSHAR, GALLIVAN, JACOBS, MARCHIONE -- 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, in  relation  to
   establishing  a twenty year retirement plan for members or officers of
   law enforcement
 
   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 383-e to read as follows:
   §  383-E. RETIREMENT OF OFFICERS OF STATE LAW ENFORCEMENT; TWENTY YEAR
 RETIREMENT PLAN. A. MEMBERSHIP.  EVERY  NON-SEASONALLY  APPOINTED  SWORN
 MEMBER  OR  OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION, A FOREST RANGER IN  THE  SERVICE  OF  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, WHICH SHALL MEAN A PERSON WHO
 SERVES ON A FULL-TIME BASIS IN THE TITLE  OF  FOREST  RANGER  I,  FOREST
 RANGER  II,  FOREST  RANGER III, ASSISTANT SUPERINTENDENT OF FOREST FIRE
 CONTROL, SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY  SUCCESSOR  TITLES
 OR  NEW  TITLES  IN  THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, A POLICE OFFICER IN THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION,  THE REGIONAL STATE PARK POLICE, AND UNIVERSITY
 POLICE OFFICERS WHO ENTER OR RE-ENTER SERVICE IN ANY SUCH TITLE SHALL BE
 COVERED BY THE PROVISIONS OF THIS SECTION, AND EVERY MEMBER DESCRIBED IN
 THIS SUBDIVISION IN SUCH SERVICE ON OR BEFORE  ONE  YEAR  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS SECTION MAY ELECT TO BE COVERED BY THE PROVISIONS
 OF  THIS SECTION BY FILING AN ELECTION THEREFOR WITH THE COMPTROLLER. TO
 BE EFFECTIVE, SUCH ELECTION MUST BE DULY EXECUTED AND ACKNOWLEDGED ON  A
 FORM PREPARED BY THE COMPTROLLER FOR THAT PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11273-03-8

 S. 6234--A                          2
 
   B.  RETIREMENT  ALLOWANCE. A MEMBER, COVERED BY THE PROVISIONS OF THIS
 SECTION AT THE TIME OF RETIREMENT, SHALL  BE  ENTITLED  TO  RETIRE  UPON
 COMPLETION  OF  TWENTY YEARS OF TOTAL CREDITABLE SERVICE IN SUCH TITLES,
 AND SHALL RETIRE UPON THE ATTAINMENT OF  THE  MANDATORY  RETIREMENT  AGE
 PRESCRIBED  BY  THIS  SECTION,  BY  FILING  AN APPLICATION THEREFOR IN A
 MANNER SIMILAR TO THAT PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS
 ARTICLE.
   1. UPON COMPLETION OF TWENTY YEARS OF SUCH SERVICE  AND  UPON  RETIRE-
 MENT,  EACH  SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN
 ANNUITY FOR SUCH YEARS OF SERVICE AS PROVIDED IN PARAGRAPH FOUR OF  THIS
 SUBDIVISION, SHALL BE SUFFICIENT TO PROVIDE HIM WITH A RETIREMENT ALLOW-
 ANCE OF ONE-HALF OF HIS FINAL AVERAGE SALARY.
   2.  UPON COMPLETION OF MORE THAN TWENTY YEARS OF SUCH SERVICE AND UPON
 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE  IN
 EXCESS  OF TWENTY, AN ADDITIONAL PENSION WHICH, TOGETHER WITH AN ANNUITY
 FOR EACH SUCH YEAR AS PROVIDED IN PARAGRAPH FOUR  OF  THIS  SUBDIVISION,
 SHALL  BE  EQUAL  TO ONE-SIXTIETH OF HIS FINAL AVERAGE SALARY, PROVIDED,
 HOWEVER, THAT THE PENSION PAYABLE PURSUANT TO  THIS  SECTION  SHALL  NOT
 EXCEED THREE-QUARTERS OF FINAL AVERAGE SALARY.
   3.  UPON ATTAINMENT OF THE MANDATORY RETIREMENT AGE WITHOUT COMPLETION
 OF TWENTY YEARS OF SUCH  SERVICE,  EACH  SUCH  MEMBER  SHALL  RECEIVE  A
 PENSION  WHICH,  TOGETHER  WITH  AN ANNUITY FOR SUCH YEARS OF SERVICE AS
 PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION, SHALL BE EQUAL  TO  ONE-
 FORTIETH OF HIS FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
 IN  SUCH  TITLES.  EVERY  SUCH MEMBER SHALL ALSO BE ENTITLED TO AN ADDI-
 TIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE SERVICE  RENDERED
 WHILE  NOT AN EMPLOYEE IN SUCH TITLES AS PROVIDED UNDER PARAGRAPHS THREE
 AND FOUR OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THIS
 ARTICLE.  THIS  LATTER PENSION SHALL NOT INCREASE THE TOTAL ALLOWANCE TO
 MORE THAN ONE-HALF OF HIS FINAL AVERAGE SALARY.
   4. THE ANNUITY PROVIDED UNDER PARAGRAPHS ONE, TWO AND  THREE  OF  THIS
 SUBDIVISION  SHALL  BE  THE ACTUARIAL EQUIVALENT, AT THE TIME OF RETIRE-
 MENT, OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS BASED UPON THE  RATE  OF
 CONTRIBUTION  FIXED  UNDER  SECTION  THREE  HUNDRED EIGHTY-THREE OF THIS
 TITLE AND UPON THE SALARIES EARNED WHILE IN SUCH SERVICE.  SUCH  ANNUITY
 SHALL BE COMPUTED AS IT WOULD BE IF IT WERE NOT REDUCED BY THE ACTUARIAL
 EQUIVALENT  OF  ANY  OUTSTANDING  LOAN  NOR  BY  REASON  OF THE MEMBER'S
 ELECTION TO DECREASE HIS CONTRIBUTIONS TOWARD  RETIREMENT  IN  ORDER  TO
 APPLY  THE  RESULTING AMOUNT TOWARD PAYMENT OF CONTRIBUTIONS FOR OLD AGE
 AND SURVIVOR'S INSURANCE. ANY ACCUMULATED CONTRIBUTIONS IN EXCESS OF THE
 AMOUNT REQUIRED TO PROVIDE THE ANNUITY COMPUTED PURSUANT TO  THIS  PARA-
 GRAPH SHALL BE USED TO INCREASE THE MEMBER'S RETIREMENT ALLOWANCE.
   C.  CREDIT FOR PREVIOUS SERVICE. IN COMPUTING THE YEARS OF TOTAL CRED-
 ITABLE SERVICE FOR EACH MEMBER DESCRIBED HEREIN, FULL  CREDIT  SHALL  BE
 GIVEN  AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE RENDERED AS A POLICE
 OFFICER OR STATE UNIVERSITY PEACE OFFICER OR MEMBER OF A POLICE FORCE OR
 DEPARTMENT OF A STATE PARK  AUTHORITY  OR  COMMISSION  OR  AN  ORGANIZED
 POLICE  FORCE  OR  DEPARTMENT  OF  A COUNTY, CITY, TOWN, VILLAGE, POLICE
 DISTRICT, AUTHORITY OR OTHER PARTICIPATING EMPLOYER  OR  MEMBER  OF  THE
 CAPITAL POLICE FORCE IN THE OFFICE OF GENERAL SERVICES WHILE A MEMBER OF
 THE  NEW  YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, OF THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR OF THE NEW YORK
 CITY POLICE PENSION FUND AND FOR ALL SERVICE FOR WHICH FULL  CREDIT  HAS
 BEEN GIVEN AND FULL ALLOWANCE MADE PURSUANT TO THE PROVISIONS OF SECTION
 THREE  HUNDRED  SEVENTY-FIVE-H  OF  THIS ARTICLE PROVIDED, HOWEVER, THAT
 FULL CREDIT PURSUANT TO THE PROVISIONS OF SUCH SECTION SHALL  MEAN  ONLY

 S. 6234--A                          3
 
 SUCH  SERVICE  AS WOULD BE CREDITABLE SERVICE PURSUANT TO THE PROVISIONS
 OF SECTION THREE HUNDRED  EIGHTY-THREE,  THREE  HUNDRED  EIGHTY-THREE-A,
 THREE  HUNDRED  EIGHTY-THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-
 FOUR  OF  THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, THREE HUNDRED EIGHTY-
 THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-SEVEN OF  THE  LAWS  OF
 NINETEEN  HUNDRED  EIGHTY-SIX,  THREE  HUNDRED  EIGHTY-THREE-C  OR THREE
 HUNDRED EIGHTY-THREE-D OF THIS TITLE OR PURSUANT TO  THE  PROVISIONS  OF
 TITLE  THIRTEEN  OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK FOR
 ANY MEMBER CONTRIBUTING PURSUANT TO THIS SECTION WHO TRANSFERRED TO  THE
 JURISDICTION  OF  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INCLUDING
 BUT NOT  LIMITED  TO  ENVIRONMENTAL  CONSERVATION  OFFICERS  AND  FOREST
 RANGERS,  REGIONAL  STATE  PARK  POLICE  OR STATE UNIVERSITY OF NEW YORK
 PEACE OFFICERS.
   D. RETIREMENT FOR CAUSE. UPON RECEIPT OF A CERTIFICATE FROM  THE  HEAD
 OF  THE  ENTITY  WHERE SUCH MEMBER IS EMPLOYED OR HIS OR HER DESIGNEE, A
 MEMBER AS DESCRIBED IN SUBDIVISION A OF THIS SECTION,  WHO  HAS  ACCRUED
 TWENTY-FIVE  OR MORE YEARS OF SERVICE CREDIT UNDER THIS SECTION SHALL BE
 RETIRED ON THE FIRST DAY OF THE SECOND MONTH NEXT  SUCCEEDING  THE  DATE
 SUCH CERTIFICATE WAS FILED WITH THE COMPTROLLER.
   E.  CREDIT FOR MILITARY SERVICE. IN COMPUTING THE YEARS OF TOTAL CRED-
 ITABLE SERVICE 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 THREE HUNDRED TWO OF THIS ARTICLE, PROVIDED SUCH MEMBER  AT  THE
 TIME  OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN POLICE SERVICE
 AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED  TWO  OF  THIS
 ARTICLE.
   F.  TRANSFER OF MEMBERSHIP TO EMPLOYEES' RETIREMENT SYSTEM. ANY MEMBER
 CURRENTLY ENROLLED PURSUANT TO THIS SECTION AND  WHO  PREVIOUSLY  TRANS-
 FERRED  SERVICE  CREDIT  FROM  THE  NEW  YORK STATE AND LOCAL EMPLOYEES'
 RETIREMENT SYSTEM TO THE NEW  YORK  STATE  AND  LOCAL  POLICE  AND  FIRE
 RETIREMENT  SYSTEM,  MAY  ELECT  TO TRANSFER SUCH PREVIOUSLY TRANSFERRED
 SERVICE CREDIT BACK TO THE NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIRE-
 MENT  SYSTEM,  AND  SUCH  MEMBER  SHALL HAVE THE OPTION TO RETROACTIVELY
 TRANSFER HIS OR HER MEMBERSHIP INTO SUCH EMPLOYEES' RETIREMENT SYSTEM.
   G. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING,  NOTWITHSTAND-
 ING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY.
   §   2.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the state of New York  and  may
 be amortized over a period of ten years.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill will allow any number employed as sworn member or officer of
 the division of law  enforcement  in  the  department  of  environmental
 conservation,  a  police  officer  in  the  department  of environmental
 conservation, a forest ranger in the department of environmental conser-
 vation, a regional state park police  officer  or  a  university  police
 officer to become covered by the provisions of a special 20 year retire-
 ment  plan,  which  will  provide a benefit of one-half of final average
 salary upon retirement, and an additional  benefit  of  one-sixtieth  of
 final average salary for each year of creditable service in excess of 20
 years, not to exceed 12 such years.
   If  this  bill  in  enacted,  there  will be an increase in the annual
 contributions of the state of New York of approximately $2.9 million for
 the fiscal year ending March 31, 2019.

 S. 6234--A                          4
 
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost to the state of New York of approximately
 $37.4 million. If the State of New York elects  to  amortize  this  cost
 over  a  10  year  period,  the  cost  for  the first year would be $5.0
 million.
   This  estimate  is  based on 1192 affected officers, with an estimated
 annual salary of approximately $91 million for the  fiscal  year  ending
 March 31, 2017.
   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, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2017
 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 March 1, 2018, and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-65,  prepared  by
 the Actuary for the New York State and Local Retirement System.