NY State Senate Bill 2017-S6267

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
Jan 03, 2018	referred to civil service and pensions
May 11, 2017	referred to civil service and pensions

2017-S6267 (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 2015-2016 Legislative Session:: S7716

2017-S6267 (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.

2017-S6267 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6267

 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 $11,000 in the
annual contributions of Monroe County for the fiscal year ending March
31, 2018.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6267 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6267
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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:
   § 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 SEVENTEEN 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 ACCOMPANIED 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11425-03-7

 S. 6267                             2
 
   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.
   E.  UNLESS  OTHERWISE  INDICATED  IN  THIS  SECTION, THE PROVISIONS OF
 SECTION EIGHTY-NINE-P OF THIS ARTICLE SHALL BE CONTROLLING.
   § 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-

 S. 6267                             3
 
 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
 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.
   §  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

 S. 6267                             4
 
 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 SEVENTEEN
 OR 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-X AND SUBDIVISION C OF SECTION SIX
 HUNDRED ONE OF THIS CHAPTER.
   § 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.
   § 5. The cost attributable to the operation of this act shall be borne
 by the county of Monroe.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   These estimated  costs  are  based  on  7  deputy  sheriffs-civil,  as
 provided by Monroe County, with a total salary of approximately $470,000
 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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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 11, 2017, and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No.  2017-93,  prepared  by
 the Actuary for the New York State and Local Retirement System.
   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, 2017 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 $11,000 in the annual contributions  of  Monroe  County
 for  the  fiscal  year ending March 31, 2018. 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 $75,300  which  will  be
 borne  by  Monroe  County. This estimate is based on the assumption that

 S. 6267                             5
 
 payment will be made on February 1, 2018. If this cost is amortized over
 a 5 or 10 year period, the first year costs would be $17,200 or  $10,000
 respectively.

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Senate Bill S6267

Sponsored By

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

Actions

2017-S6267 (ACTIVE) - Details

2017-S6267 (ACTIVE) - Summary

2017-S6267 (ACTIVE) - Sponsor Memo

2017-S6267 (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

2017-S6267 (ACTIVE) - Details

2017-S6267 (ACTIVE) - Summary

2017-S6267 (ACTIVE) - Sponsor Memo

2017-S6267 (ACTIVE) - Bill Text download pdf

Comments