NY State Senate Bill 2021-S5109D

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2022	print number 5109d
May 03, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Jun 04, 2021	print number 5109c
Jun 04, 2021	amend (t) and recommit to civil service and pensions
May 28, 2021	print number 5109b
May 28, 2021	amend and recommit to civil service and pensions
May 27, 2021	print number 5109a
May 27, 2021	amend (t) and recommit to civil service and pensions
Feb 23, 2021	referred to civil service and pensions

2021-S5109 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5492
2023-2024: S7108
2025-2026: S7363

2021-S5109 - Summary

Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

2021-S5109 - Sponsor Memo

                                
 
BILL NUMBER: S5109

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
authorizing certain persons in an optional twenty year retirement plan
for state university police officer service and regional state park
police

 
PURPOSE:

To allow members of the New York State Police & Fire Retirement Systems
to use up to five years of their prior service credit as a State Univer-
sity Police Officer or a State Park Police Officer towards creditable
time for use in their 20-year special plans upon completion of 20 years
of service.

 
SUMMARY OF PROVISIONS:

Section 1. Allows members of the York State Police & Fire Retirement

Systems to use up to five years of their prior service credit as a State
University Police Officer towards creditable time for use in their 20
year special plans upon completion of 20 years of service and also
allows members of the New York State Police & Fire Retirement Systems to
use up to five years of their prior service credit as a State Park
Police Officer towards creditable time for use in their 20 year special
plans upon completion of 20 years of service.

Section 2. is the enacting clause

 
JUSTIFICATION:

State University and State Park Police Officers go through the same
amount of law enforcement training and largely per forms the same police
tasks as their counterpart officers in city, county, towns and village
police forces. The time they earned in the retirement system as a State
University Police Officer or a State Park Police Officer should be
recognized as creditable service time in their new police pension plan
if they transfer to one of these police forces. They perform a dangerous
job and their pension credits are well earned and should be credited.

 
FISCAL IMPLICATIONS:

If this bill is enacted during the 2021 legislative session, the esti-
mate is that there would be a past service cost that would average 14%
of affected members' compensation for each year of additional service
credit granted by this bill. All costs would be shared by the State of
New York and the participating employers in the New York State and Local
Police and Fire Retirement System.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5109 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5109
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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
   authorizing certain persons in an optional twenty year retirement plan
   for  state  university  police officer service and regional state park
   police
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 384-e of the retirement and social security law is
 amended by adding two new subdivisions d and e to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  UPON
 COMPLETION  OF  TWENTY  YEARS OF SERVICE, AND UPON RETIREMENT, EACH SUCH
 MEMBER WHO WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE  NEW  YORK
 STATE  AND  LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AS AN OFFICER APPOINTED  BY  THE
 STATE  UNIVERSITY  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW AND WHO  HAS  SUCCESSFULLY
 COMPLETED  A  COURSE  OF  LAW  ENFORCEMENT  TRAINING AS PROVIDED IN SUCH
 SECTION OF THE EDUCATION LAW SHALL RECEIVE FOR EACH SUCH YEAR OF  PREVI-
 OUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF PREVIOUS
 SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS  OR  HER  FINAL
 AVERAGE SALARY.
   E.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER OR MEMBER OF THE
 REGIONAL STATE PARK POLICE DEPARTMENT SHALL RECEIVE FOR EACH  SUCH  YEAR
 OF  PREVIOUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF
 PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS OR HER
 FINAL AVERAGE SALARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03597-03-1

 S. 5109                             2
 
   § 2. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill  would  allow  up  to  5  years  of previous service credit
 rendered as a SUNY Police officer or Regional State Park Police  officer
 to  become  creditable service under Section 384-e of the Retirement and
 Social Security Law. Upon completion of 20 years of service  credit  and
 upon  retirement, an affected member would receive an additional pension
 of one sixtieth of final average salary for each  such  additional  year
 credited.
   If  this bill is enacted during the 2021 legislative session, we esti-
 mate that there would be a past service cost that would average  14%  of
 affected members' compensation for each year of additional service cred-
 it  granted  by this bill. All costs would be shared by the State of New
 York and the participating employers in the New  York  State  and  Local
 Police and Fire Retirement System.
   The  exact  number  of current members and future members who could be
 affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  19,  2021, and intended for use only
 during the 2021 Legislative Session, is revised Fiscal Note No. 2021-28,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2021-S5109A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5492
2023-2024: S7108
2025-2026: S7363

2021-S5109A - Summary

Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

2021-S5109A - Sponsor Memo

                                
 
BILL NUMBER: S5109A

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
authorizing certain persons in an optional twenty year retirement plan
for state university police officer service, regional state park police
and investigators for the office of the attorney general

 
PURPOSE:

To allow members of the New York State Police & Fire Retirement Systems
to use up to five years of their prior service credit as a State Univer-
sity Police Officer, e-E. a State Park Police Officer, or a special
investigator of the Attorney General's Office towards creditable time
for use in their 20-year special plans upon completion of 20 years of
service.

 
SUMMARY OF PROVISIONS:

Section 1 Allows members of the New York State Police & Fire Retirement
Systems to use up to five years of their prior service credit as a State
University Police Officer towards creditable time for use in their 20
year special plans upon completion of 20 years of service and also
allows members of the New York State Police & Fire Retirement Systems to
use up to five years of their prior service credit as a State Park
Police Officer or a special investigator of the Attorney General's
Office towards creditable time for use in their 20-year special plans
upon completion of 20 years of service.

Section 2 is the enacting clause.

 
JUSTIFICATION:

State University Police Officers, State Park Police Officers, 'and
Special investigators of the Attorney General's Office go through the
same amount of law enforcement training and largely performs the same
police tasks as their counterpart officers in city, county, towns and
village police forces. The time they earned in the retirement system as
a State University Police Officer, State Park Police Officer, or a
Special investigator of the Attorney General's Office should be recog-
nized as creditable service time in their new police pension plan if
they transfer to one of these police forces. They perform a dangerous
job and their pension credits are well earned and should be credited.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

See fiscal note.

2021-S5109A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5109--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- 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
   authorizing certain persons in an optional twenty year retirement plan
   for state university  police  officer  service,  regional  state  park
   police and investigators for the office of the attorney general
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 384-e of the retirement and social security law  is
 amended by adding two new subdivisions d and e to read as follows:
   D.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER APPOINTED BY THE
 STATE UNIVERSITY PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO  OF  SECTION
 THREE  HUNDRED  FIFTY-FIVE OF THE EDUCATION LAW AND WHO HAS SUCCESSFULLY
 COMPLETED A COURSE OF LAW  ENFORCEMENT  TRAINING  AS  PROVIDED  IN  SUCH
 SECTION  OF  THE  EDUCATION  LAW OR SPECIAL INVESTIGATOR EMPLOYED IN THE
 OFFICE OF THE ATTORNEY GENERAL SHALL  RECEIVE  FOR  EACH  SUCH  YEAR  OF
 PREVIOUS  SERVICE, UP TO A TOTAL OF NO GREATER THAN FIVE YEARS OF PREVI-
 OUS SERVICE, ADDITIONAL PENSION EQUAL TO  ONE-SIXTIETH  OF  HIS  OR  HER
 FINAL AVERAGE SALARY.
   E.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER OR MEMBER OF THE
 REGIONAL STATE PARK POLICE DEPARTMENT SHALL RECEIVE FOR EACH  SUCH  YEAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03597-06-1

 S. 5109--A                          2
 
 OF  PREVIOUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF
 PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS OR HER
 FINAL AVERAGE SALARY.
   § 2. This act shall take effect immediately.

2021-S5109B - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5492
2023-2024: S7108
2025-2026: S7363

2021-S5109B - Summary

Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

2021-S5109B - Sponsor Memo

                                
 
BILL NUMBER: S5109B

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
authorizing certain persons in an optional twenty year retirement plan
for state university police officer service, regional state park police
and investigators for the office of the attorney general

 
PURPOSE:

To allow members of the New York State Police & Fire Retirement Systems
to use up to five years of their prior service credit as a State Univer-
sity Police Officer, Of a State Park Police Officer, or a special inves-
tigator of the Attorney General's Office towards creditable time for use
in their 20-year special plans upon completion of 20 years of service.

 
SUMMARY OF PROVISIONS:

Section 1. Allows members of the New York State Police & Fire Retirement

Systems to use up to five years of their prior service credit as a State
University Police Officer towards creditable time for use in their 20
year special plans upon completion of 20 years of service and also
allows members of the New York State Police & Fire Retirement Systems to
use up to five years of their prior service credit as a State Park
Police Officer or a special investigator of the Attorney General's
Office towards creditable time for use in their 20-year special plans
upon completion of 20 years of service.

Section 2 is the enacting clause.

 
JUSTIFICATION:

State University Police Officers, and-State Park Police Officers, and
Special investigators of the Attorney General's Office go through the
same amount of law enforcement training and largely performs the same
police tasks as their counterpart officers in city, county, towns and
village police forces. The time they earned in the retirement system as
a State University Police Officer, or a State Park Police Officer, or a
Special investigator of the Attorney General's Office should be recog-
nized as creditable service time in their new police pension plan if
they transfer to one of these police forces. They perform a dangerous
job and their pension credits are well earned and should be credited.

 
FISCAL IMPLICATIONS:

See Fiscal Note

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5109B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5109--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   authorizing certain persons in an optional twenty year retirement plan
   for state university  police  officer  service,  regional  state  park
   police and investigators for the office of the attorney general
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 384-e of the retirement and social security law  is
 amended by adding two new subdivisions d and e to read as follows:
   D.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER APPOINTED BY THE
 STATE UNIVERSITY PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO  OF  SECTION
 THREE  HUNDRED  FIFTY-FIVE OF THE EDUCATION LAW AND WHO HAS SUCCESSFULLY
 COMPLETED A COURSE OF LAW  ENFORCEMENT  TRAINING  AS  PROVIDED  IN  SUCH
 SECTION  OF  THE  EDUCATION  LAW OR SPECIAL INVESTIGATOR EMPLOYED IN THE
 OFFICE OF THE ATTORNEY GENERAL SHALL  RECEIVE  FOR  EACH  SUCH  YEAR  OF
 PREVIOUS  SERVICE, UP TO A TOTAL OF NO GREATER THAN FIVE YEARS OF PREVI-
 OUS SERVICE, ADDITIONAL PENSION EQUAL TO  ONE-SIXTIETH  OF  HIS  OR  HER
 FINAL AVERAGE SALARY.
   E.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03597-08-1

 S. 5109--B                          2
 
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER OR MEMBER OF THE
 REGIONAL STATE PARK POLICE DEPARTMENT SHALL RECEIVE FOR EACH  SUCH  YEAR
 OF  PREVIOUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF
 PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS OR HER
 FINAL AVERAGE SALARY.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow  up  to  5  years  of previous service credit
 rendered as a SUNY Police officer or Regional State Park Police  officer
 to  become  creditable service under Section 384-e of the Retirement and
 Social Security Law. Upon completion of 20 years of service  credit  and
 upon  retirement, an affected member would receive an additional pension
 of one sixtieth of final average salary for each  such  additional  year
 credited.
   If  this bill is enacted during the 2021 legislative session, we esti-
 mate that there would be a past service cost that would average  14%  of
 affected members' compensation for each year of additional service cred-
 it  granted  by this bill. All costs would be shared by the State of New
 York and the participating employers in the New  York  State  and  Local
 Police and Fire Retirement System.
   The  exact  number  of current members and future members who could be
 affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  19,  2021, and intended for use only
 during the 2021 Legislative Session, is revised Fiscal Note No. 2021-28,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2021-S5109C - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5492
2023-2024: S7108
2025-2026: S7363

2021-S5109C - Summary

Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

2021-S5109C - Sponsor Memo

                                
 
BILL NUMBER: S5109C

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
authorizing certain persons in an optional twenty year retirement plan
for state university police officer service, regional state park police
and special investigators for the office of the attorney general

 
PURPOSE:

To allow members of the New York State Police & Fire Retirement Systems
to use up to five years of their prior service credit as a State Univer-
sity Police Officer, Of a State Park Police Officer, or a special inves-
tigator of the Attorney General's Office towards creditable time for use
in their 20-year special plans upon completion of 20 years of service.

 
SUMMARY OF PROVISIONS:

Section 1. Allows members of the New York State Police & Fire Retirement

Systems to use up to five years of their prior service credit as a State
University Police Officer towards creditable time for use in their 20
year special plans upon completion of 20 years of service and also
allows members of the New York State Police & Fire Retirement Systems to
use up to five years of their prior service credit as a State Park
Police Officer or a special investigator of the Attorney General's
Office towards creditable time for use in their 20-year special plans
upon completion of 20 years of service.

Section 2. is the enacting clause

 
JUSTIFICATION:

State University, State Park Police Officers, and Special investigators
of the Attorney General's Office go through the same amount of law
enforcement training and largely per forms the same police tasks as
their counterpart officers in city, county, towns and village police
forces. The time they earned in the retirement system as a State Univer-
sity Police Officer or a State Park Police Officer should be recognized
as creditable service time in their new police pension plan if they
transfer to one of these police forces. They perform a dangerous job and
their pension credits are well earned and should be credited.

 
FISCAL IMPLICATIONS:

See fiscal note

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5109C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5109--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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
   authorizing certain persons in an optional twenty year retirement plan
   for  state  university  police  officer  service,  regional state park
   police and special investigators for the office of the attorney gener-
   al
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 384-e of the retirement and social security law is
 amended by adding three new subdivisions d, e and f to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  UPON
 COMPLETION  OF  TWENTY  YEARS OF SERVICE, AND UPON RETIREMENT, EACH SUCH
 MEMBER WHO WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE  NEW  YORK
 STATE  AND  LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AS AN OFFICER APPOINTED  BY  THE
 STATE  UNIVERSITY  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW AND WHO  HAS  SUCCESSFULLY
 COMPLETED  A  COURSE  OF  LAW  ENFORCEMENT  TRAINING AS PROVIDED IN SUCH
 SECTION OF THE EDUCATION LAW SHALL RECEIVE FOR EACH SUCH YEAR OF  PREVI-
 OUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF PREVIOUS
 SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS  OR  HER  FINAL
 AVERAGE SALARY.
   E.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, UPON
 COMPLETION OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH  SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03597-14-1

 S. 5109--C                          2
 
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE  AND
 LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM AS AN OFFICER OR MEMBER OF THE
 REGIONAL STATE PARK POLICE DEPARTMENT SHALL RECEIVE FOR EACH  SUCH  YEAR
 OF  PREVIOUS  SERVICE,  UP  TO  A TOTAL OF NO GREATER THAN FIVE YEARS OF
 PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS OR HER
 FINAL AVERAGE SALARY.
   F. NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,  UPON
 COMPLETION  OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM AS A  SPECIAL  INVESTIGATOR
 EMPLOYED IN THE OFFICE OF THE ATTORNEY GENERAL SHALL  RECEIVE  FOR  EACH
 SUCH    YEAR  OF PREVIOUS SERVICE, UP TO A TOTAL OF NO GREATER THAN FIVE
 YEARS OF PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO  ONE-SIXTIETH  OF
 HIS  OR HER FINAL AVERAGE SALARY.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow  up  to  5  years  of  previous  service  credit
 rendered  as  a  SUNY  Police officer or as a Regional State Park Police
 officer or as a special investigator  in  the  office  of  the  attorney
 general  to become creditable service under Section 384-e of the Retire-
 ment and Social Security Law. Upon completion of  20  years  of  service
 credit  and  upon  retirement, an affected member would receive an addi-
 tional pension of one sixtieth of final average  salary  for  each  such
 additional year credited.
   If  this bill is enacted during the 2021 legislative session, we esti-
 mate that there would be a past service cost that would average  14%  of
 affected members' compensation for each year of additional service cred-
 it  granted  by this bill. All costs would be shared by the State of New
 York and the participating employers in the New  York  State  and  Local
 Police and Fire Retirement System.
   The  exact  number  of current members and future members who could be
 affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  June 4, 2021, and intended for use only during
 the 2021 Legislative Session,  is  revised  Fiscal  Note  No.  2021-152,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

2021-S5109D (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5492
2023-2024: S7108
2025-2026: S7363

2021-S5109D (ACTIVE) - Summary

Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

2021-S5109D (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5109D

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
authorizing certain persons in an optional twenty year retirement plan
for state university police officer service, regional state park police
and special investigators for the office of the attorney general

 
PURPOSE:

The purpose of this bill is to allow members of the New York State
Police & Fire Retirement Systems to use up to five years of their prior
service credit as a State University Police Officer, or State Park
Police Officer, or a special investigator of the Attorney General's
Office towards creditable time for use in their 20-year special plans
upon completion of 20 years of service.

 
SUMMARY OF PROVISIONS:

Section 1. Allows members of the New York State Police & Fire Retirement

Systems to use up to five years of their prior service credit as a State
University Police Officer towards creditable time for use in their 20
year special plans upon, completion of 20 years of service and also
allows members of the New York State Police & Fire Retirement Systems to
use up to five years of their prior service credit as a State Park
Police Officer or a special investigator of the Attorney General's
Office towards creditable time for use in their 20-year special plans
upon completion of 20 years of service.

Section 2. is the enacting clause.

 
JUSTIFICATION:

State University Police Officers, and-State Park Police Officers, and
Special investigators of the Attorney General's Office go through the
same amount of law enforcement training and largely performs the same
police tasks as their counterpart officers in city, county, towns and
village police forces. The time they earned in the retirement system as
a State University Police Officer, er-a State Park Police Officer, or a
Special investigator of the Attorney General's Office should be recog-
nized as creditable service time in their new police pension plan if
they transfer to one of these police forces. They perform a dangerous
job and their pension credits are well earned and should be credited.

 
FISCAL IMPLICATIONS:

See Fiscal Note

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5109D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5109--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted  to  said  committee  --  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
   authorizing certain persons in an optional twenty year retirement plan
   for  state  university  police  officer  service,  regional state park
   police and special investigators for the office of the attorney gener-
   al
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 384-e of the retirement and social security law is
 amended by adding three new subdivisions d, e and f to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  UPON
 COMPLETION  OF  TWENTY  YEARS OF SERVICE, AND UPON RETIREMENT, EACH SUCH
 MEMBER WHO WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE  NEW  YORK
 STATE  AND  LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AS AN OFFICER APPOINTED  BY  THE
 STATE  UNIVERSITY  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW AND WHO  HAS  SUCCESSFULLY
 COMPLETED  A  COURSE  OF  LAW  ENFORCEMENT  TRAINING AS PROVIDED IN SUCH
 SECTION OF THE EDUCATION LAW MAY RECEIVE FOR EACH SUCH YEAR OF  PREVIOUS
 SERVICE,  UP  TO  A  TOTAL  OF  NO  GREATER  THAN FIVE YEARS OF PREVIOUS
 SERVICE, ADDITIONAL PENSION EQUAL TO ONE-SIXTIETH OF HIS  OR  HER  FINAL
 AVERAGE SALARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03597-17-2

 S. 5109--D                          2
 
   TO  OBTAIN SUCH CREDIT A MEMBER SHALL  PAY SUCH RETIREMENT SYSTEM, FOR
 DEPOSIT IN THE FUND USED TO ACCUMULATE  EMPLOYER  CONTRIBUTIONS,  A  SUM
 EQUAL  TO  THE  PRODUCT  OF THE NUMBER OF YEARS OF SERVICE BEING CLAIMED
 AND THREE PERCENT OF SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE
 MONTHS  OF CREDITED   SERVICE  IMMEDIATELY  PRECEDING  THE DATE THAT THE
 MEMBER MADE APPLICATION FOR CREDIT PURSUANT TO THIS SECTION.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  UPON
 COMPLETION  OF  TWENTY  YEARS OF SERVICE, AND UPON RETIREMENT, EACH SUCH
 MEMBER WHO WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE  NEW  YORK
 STATE  AND  LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AS AN OFFICER OR MEMBER  OF  THE
 REGIONAL  STATE PARK POLICE DEPARTMENT MAY RECEIVE FOR EACH SUCH YEAR OF
 PREVIOUS SERVICE, UP TO A TOTAL OF NO GREATER THAN FIVE YEARS OF  PREVI-
 OUS  SERVICE,  ADDITIONAL  PENSION  EQUAL  TO ONE-SIXTIETH OF HIS OR HER
 FINAL AVERAGE SALARY.
   TO OBTAIN SUCH CREDIT A MEMBER SHALL  PAY SUCH RETIREMENT SYSTEM,  FOR
 DEPOSIT  IN  THE  FUND  USED TO ACCUMULATE EMPLOYER CONTRIBUTIONS, A SUM
 EQUAL TO THE PRODUCT OF THE NUMBER OF YEARS  OF  SERVICE  BEING  CLAIMED
 AND THREE PERCENT OF SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE
 MONTHS  OF CREDITED   SERVICE  IMMEDIATELY  PRECEDING  THE DATE THAT THE
 MEMBER MADE APPLICATION FOR CREDIT PURSUANT TO THIS SECTION.
   F. NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,  UPON
 COMPLETION  OF TWENTY YEARS OF SERVICE, AND UPON  RETIREMENT,  EACH SUCH
 MEMBER  WHO  WAS PREVIOUSLY CREDITED WITH SERVICE CREDIT IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM AS A  SPECIAL  INVESTIGATOR
 EMPLOYED  IN  THE  OFFICE OF THE ATTORNEY GENERAL MAY RECEIVE  FOR  EACH
 SUCH  YEAR OF PREVIOUS SERVICE, UP TO A TOTAL OF NO  GREATER  THAN  FIVE
 YEARS OF PREVIOUS SERVICE, ADDITIONAL PENSION EQUAL TO  ONE-SIXTIETH  OF
 HIS  OR HER FINAL AVERAGE SALARY.
   TO  OBTAIN SUCH CREDIT A MEMBER SHALL  PAY SUCH RETIREMENT SYSTEM, FOR
 DEPOSIT IN THE FUND USED TO ACCUMULATE  EMPLOYER  CONTRIBUTIONS,  A  SUM
 EQUAL  TO  THE  PRODUCT  OF THE NUMBER OF YEARS OF SERVICE BEING CLAIMED
 AND THREE PERCENT OF SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE
 MONTHS OF CREDITED  SERVICE  IMMEDIATELY  PRECEDING  THE DATE  THAT  THE
 MEMBER MADE APPLICATION FOR CREDIT PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow  up  to  5  years  of previous service credit
 rendered as a SUNY Police officer or as a  Regional  State  Park  Police
 officer  or  as  a  special  investigator  in the office of the attorney
 general to become creditable service under Section 384-e of the  Retire-
 ment  and  Social  Security  Law. Upon completion of 20 years of service
 credit and upon retirement, an affected member would  receive  an  addi-
 tional  pension  of  one  sixtieth of final average salary for each such
 additional year credited.  The member would be required to contribute an
 amount equal to 3% of the prior 12 months of compensation for each  year
 of service credit claimed.
   If  this bill is enacted during the 2022 legislative session, we esti-
 mate that there will be a past service cost averaging 13.7% of  affected
 members' compensation for each year of additional service credit granted
 by this bill. All costs would be shared by the State of New York and the
 participating  employers in the New York State and Local Police and Fire
 Retirement System.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
 S. 5109--D                          3
 
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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 May 2, 2022, and intended for use only during the
 2022  Legislative  Session, is Fiscal Note No. 2022-131, prepared by the
 Actuary for the New York State and Local Retirement System.

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John E. Brooks

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

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