S T A T E O F N E W Y O R K
________________________________________________________________________
6521
2019-2020 Regular Sessions
I N A S S E M B L Y
March 11, 2019
___________
Introduced by M. of A. KOLB, MONTESANO, STEC, GIGLIO -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
university police communications and security specialists I
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph k to read as follows:
K. SERVICE AS A UNIVERSITY POLICE COMMUNICATIONS AND SECURITY SPECIAL-
IST I EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK.
§ 2. Section 383-d of the retirement and social security law, as added
by chapter 561 of the laws of 2015, is amended to read as follows:
§ 383-d. Alternative retirement benefits for university police offi-
cers appointed by the state university OR UNIVERSITY POLICE COMMUNI-
CATIONS AND SECURITY SPECIALIST I EMPLOYED BY THE STATE UNIVERSITY. a.
As used in this section, the term "university police officer" shall mean
a person who is so appointed pursuant to paragraph l of subdivision two
of section three hundred fifty-five of the education law.
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any university police officer OR UNIVERSITY
POLICE COMMUNICATIONS AND SECURITY SPECIALIST I in the service of the
state university who is a member of the New York state employees'
retirement system may transfer to the New York state and local police
and fire retirement system and shall receive credit pursuant to and be
entitled to the retirement benefits afforded in accordance with this
section. Upon any such transfer the member shall be entitled to the
amount of service which would have been deemed creditable had such
member been subject to such system during the course of his or her
membership within such system. Contributions to such system shall be
made in accordance with appropriate provisions of law relating thereto.
Application for [such] transfer BY A UNIVERSITY POLICE OFFICER must be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06097-03-9
A. 6521 2
made to the state comptroller on or before December thirty-first, two
thousand fifteen, AND APPLICATIONS BY UNIVERSITY POLICE COMMUNICATIONS
AND SECURITY SPECIALIST I MUST BE MADE TO THE STATE COMPTROLLER ON OR
BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. The provisions of
section three hundred forty-three of this article shall apply to any
member making application for transfer under this subdivision.
c. Any university police officer OR UNIVERSITY POLICE COMMUNICATIONS
AND SECURITY SPECIALIST I in the service of the state university who
elects or is required to contribute under this section shall contribute
to the New York state and local police and fire retirement system on the
basis of retirement upon his or her:
1. Completion of twenty-five years of total creditable service; or
2. Attainment of age sixty as a university police officer OR UNIVERSI-
TY POLICE COMMUNICATIONS AND SECURITY SPECIALIST I in the service of the
state university, if prior thereto, on an allowance of one-fiftieth of
his or her final average salary for each year of total creditable
service not in excess of twenty-five years. Such election shall be in
writing and shall be duly executed and filed with the comptroller.
d. Every employee entering or re-entering service as a university
police officer OR UNIVERSITY POLICE COMMUNICATIONS AND SECURITY SPECIAL-
IST I in the service of the state university on or after the effective
date of this section shall contribute on the basis provided for by this
section.
e. A member who is required to contribute in accordance with this
section shall contribute, in lieu of the proportion of compensation as
provided in section three hundred twenty-one of this article, a propor-
tion of his or her compensation similarly determined. Such latter
proportion shall be computed to provide at the time when he or she shall
first become eligible for retirement under this section, an annuity
equal to one-one hundredth of his or her final average salary for each
year of service as a member prior to the attainment of the age when he
or she shall first become eligible for retirement. Such member's rate of
contribution pursuant to this section shall be appropriately reduced
pursuant to section three hundred seventy-a of this article for such
period of time as his or her employer contributes pursuant to such
section toward pensions-providing-for-increased-take-home-pay. No such
member shall be required to continue contributions after completing
twenty-five years of such service.
f. A member contributing on the basis of this section, at the time of
retirement, shall be entitled to retire after the completion of twenty-
five years of total creditable service or upon the attainment of age
sixty by filing an application therefor in a manner similar to that
provided in section three hundred seventy of this article. He or she
shall receive, on retirement, a retirement allowance consisting of:
1. An annuity which shall be the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement, plus
2. A pension which, together with such annuity and a pension which is
the actuarial equivalent of the reserve-for-increased-take-home-pay to
which he or she may then be entitled, if any, shall equal one-fiftieth
of his or her final average salary for each year of creditable service
in such service. This pension shall not exceed the amount needed to make
the total amount of the benefits provided under this paragraph and para-
graph one of this subdivision equal to one-half of final average salary.
3. An additional pension equal to the pension for any creditable
service rendered while not employed as a university police officer OR
UNIVERSITY POLICE COMMUNICATIONS AND SECURITY SPECIALIST I in the
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service of the state university as provided under paragraphs two and
three of subdivision a of section three hundred seventy-five of this
article. This pension shall:
(i) Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five years of service as a
university police officer OR UNIVERSITY POLICE COMMUNICATIONS AND SECU-
RITY SPECIALIST I in the service of the state university for which he or
she receives credit under this article, and
(ii) Not increase the total allowance to more than he or she would
have received had his or her total service been rendered as a university
police officer OR UNIVERSITY POLICE COMMUNICATIONS AND SECURITY SPECIAL-
IST I in the service of the state university. For the purpose only of
determining the amount of the pension provided herein, the annuity shall
be computed as it would be:
(A) if not reduced by the actuarial equivalent of any outstanding
loan, and
(B) if not increased by the actuarial equivalent of any additional
contributions, and
(C) if not reduced by reason of the member's election to decrease his
or her annuity contributions to the retirement system in order to apply
the amount of such reduction in payment of his or her contributions for
old-age and survivors insurance coverage.
g. The increased pensions to a university police officer OR UNIVERSITY
POLICE COMMUNICATIONS AND SECURITY SPECIALIST I in the service of the
state university, as provided by this section, shall be paid from addi-
tional contributions made by the state on account of such members. The
actuary of the retirement system shall compute the additional contrib-
ution of each member who elects to receive the special benefits provided
under this section. Such additional contributions shall be computed on
the basis of contributions during the prospective service of such member
which will cover the liability of the retirement system for such extra
pensions. Upon approval by the comptroller, such additional contrib-
utions shall be certified by him or her to the chancellor of the state
university. The amount thereof shall be included in the annual appropri-
ation of the state for the state university. Such amount shall be paid
on the warrant of the comptroller to the pension accumulation fund of
the retirement system.
h. In computing the twenty-five years of completed service of a
university police officer OR UNIVERSITY POLICE COMMUNICATIONS AND SECU-
RITY SPECIALIST I in the service of the state university, 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 two of this chap-
ter, provided such member at the time of his [of] OR her entrance into
the armed forces was in state service, and full credit and full allow-
ance shall be made for service as a university peace officer prior to
the effective date of chapter four hundred twenty-four of the laws of
nineteen hundred ninety-eight.
i. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
j. Notwithstanding any provision of subdivision d, e or i of this
section to the contrary, a member who is in the collective negotiating
unit designated as the agency police services unit and established
pursuant to article fourteen of the civil service law and who has
elected or is required to contribute in accordance with this section
may, on or before March thirty-first, two thousand sixteen, elect to
come under the provisions of section three hundred seventy-five-h of
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this article. Such election shall be duly executed and filed with the
comptroller.
k. Commencing with the effective date of this section and in a manner
determined by the head of the retirement system, the state, as employer,
shall make contributions to the retirement system to fund the past
service liability costs associated with the implementation of this
section as those costs are calculated by the retirement system actuary.
Such contributions may, at the election of the employer, be amortized
over a ten year period.
§ 3. No employee contributions made to the New York state and local
employees' retirement system by any university police communications and
security specialist I who elects to transfer pursuant to this act shall
be returned to such officer. Such employee contributions shall be used
to offset any past service costs incurred by operation of the provisions
of this act.
§ 4. Notwithstanding subdivision h of section 343 of the retirement
and social security law, the provisions of subdivisions c and d of
section 343 of the retirement and social security law shall apply and
the employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees' retire-
ment system to the New York state and local police and fire retirement
system.
§ 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any member in the job title University Police
Communications and Security Specialist 1 (formerly State University
Campus Public Safety Officers) to elect to transfer from the New York
State and Local Employees' Retirement System (ERS) to the New York State
and Local Police and Fire Retirement System (PFRS) and to be covered by
the provisions of a new twenty-five (25) year half pay retirement plan,
with additional one-sixtieths of final average salary for each year of
service in excess of twenty-five (25) years, but not exceeding fifteen
(15) such years. For Tiers 2, 5, and 6 members, the additional one-six-
tieths can't exceed seven (7) such years. There will be no refund of
member contributions for officers who elect to transfer from ERS to
PFRS.
If this bill is enacted, we anticipate that there will be an increase
of approximately $200,000 in the annual contributions of the State of
New York for the fiscal year ending March 31, 2020.
In addition to the annual contributions discussed above, it is esti-
mated that there will be an immediate past service cost of $890,000
which would be borne by the State of New York, assuming that payment
will be made on March 1, 2020. If this cost is amortized over 10 years,
the cost for the first year, including interest, would be $118,000.
This cost estimate relies upon information from the New York State
Department of Civil Service, provided by the office of Assemblymember
Kolb, used to identify 80 affected members with a total estimated bill-
ing salary of approximately $4.2 million for the fiscal year ending
March 31, 2018.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
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The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 21, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-56,
prepared by the Actuary for the New York State and Local Retirement
System.