senate Bill S8401

2021-2022 Legislative Session

Relates to the calculation of final average salary for certain members of the New York state and local police and fire retirement system

download bill text pdf

Sponsored By

Current Bill Status Via A9581 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1838
substituted for s8401
Jun 01, 2022 substituted by a9581
ordered to third reading cal.1838
committee discharged and committed to rules
May 10, 2022 reported and committed to finance
Feb 23, 2022 referred to civil service and pensions

Votes

view votes

Jun 1, 2022 - Rules committee Vote

S8401
21
0
committee
21
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 9, 2022 - Civil Service and Pensions committee Vote

S8401
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 9, 2022

Co-Sponsors

view additional co-sponsors

S8401 (ACTIVE) - Details

See Assembly Version of this Bill:
A9581
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1209, R & SS L

S8401 (ACTIVE) - Summary

Provides that certain members of the police and fire retirement system shall have final average salary be calculated as the regular compensation earned during the twelve months of actual service immediately preceding the date of such member's retirement.

S8401 (ACTIVE) - Sponsor Memo

S8401 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8401
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 calculation of final average salary for certain members of the New
   York state and local police and fire retirement system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1209 of the retirement and social security law, as
 added by chapter 18 of the laws of 2012, is amended to read as follows:
   § 1209. Final average salary. A. For members who first become  members
 of  the New York state and local police and fire retirement system on or
 after April first, two thousand twelve, a member's final average  salary
 shall  be  equal  to one-fifth of the highest total wages earned by such
 member during any continuous period of employment for which  the  member
 was  credited  with  five years of service credit; provided, however, if
 the wages earned during any year of credited  service  included  in  the
 period used to determine final average salary exceeds the average of the
 wages  of  the  previous four years of credited service by more than ten
 percent, the amount in excess of ten percent shall be excluded from  the
 computation of final average salary. Wages in excess of the annual sala-
 ry paid to the governor pursuant to section three of article four of the
 state constitution shall be excluded from the computation of final aver-
 age  salary  for  members who first become members of the New York state
 and local police and fire retirement system on or after April first, two
 thousand twelve.
   B. NOTWITHSTANDING SUBDIVISION A OF THIS SECTION,  MEMBERS  WHO  FIRST
 BECOME  MEMBERS  OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
 MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO RETIRE
 FROM AN EMPLOYER WHICH, PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  TWELVE,
 ELECTED  BY  THE  ADOPTION,  FILING  AND APPROVAL OF A RESOLUTION IN THE
 MANNER PROVIDED BY SECTION THREE  HUNDRED  THIRTY  OF  THIS  CHAPTER  TO
 PROVIDE  THAT  FINAL  AVERAGE SALARY SHALL MEAN THE REGULAR COMPENSATION
 EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER  DURING  THE  TWELVE
 MONTHS OF ACTUAL SERVICE IMMEDIATELY PRECEDING THE DATE OF SUCH MEMBER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.