S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8840
 
                             I N  S E N A T E
 
                              March 19, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 optional twenty-five year retirement of constables employed by the
   village of Westhampton Dunes
 
   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-y to read as follows:
   § 89-Y. OPTIONAL RETIREMENT OF CONSTABLES EMPLOYED BY THE  VILLAGE  OF
 WESTHAMPTON  DUNES.  A.  ANY  MEMBER  WHO  IS EMPLOYED BY THE VILLAGE OF
 WESTHAMPTON DUNES IN THE COUNTY OF SUFFOLK WHO IS A CONSTABLE  SHALL  BE
 ELIGIBLE  TO  RETIRE  PURSUANT  TO  THE PROVISIONS OF THIS SECTION. SUCH
 ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE ELIGIBILITY PROVISIONS AVAIL-
 ABLE UNDER ANY OTHER PLAN OF  THIS  ARTICLE  TO  WHICH  SUCH  MEMBER  IS
 SUBJECT.
   B.  SUCH  MEMBER  SHALL  BE  ENTITLED TO RETIRE UPON THE COMPLETION OF
 TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING  AN  APPLICATION
 THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
   C.  UPON  COMPLETION  OF  TWENTY-FIVE  YEARS  OF SUCH SERVICE AND UPON
 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE  A  PENSION  WHICH,  TOGETHER
 WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF SUCH MEMBER'S
 ACCUMULATED  CONTRIBUTIONS  AT  THE TIME OF RETIREMENT AND AN ADDITIONAL
 PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE  RESERVE-FOR-INCREASED-
 TAKE-HOME-PAY  TO  WHICH  SUCH  MEMBER MAY BE ENTITLED, IF ANY, SHALL BE
 SUFFICIENT TO PROVIDE A RETIREMENT ALLOWANCE EQUAL TO ONE-HALF  OF  SUCH
 MEMBER'S FINAL AVERAGE SALARY.
   D. AS USED IN THIS SECTION, "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
 ALL  SERVICE  WHICH  A MEMBER HAS CREDITED AS A MEMBER OR OFFICER OF THE
 STATE POLICE OR AS A PAID FIREFIGHTER, POLICE OFFICER OR OFFICER OF  ANY
 ORGANIZED  FIRE  DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY,
 CITY, VILLAGE, TOWN, FIRE DISTRICT OR POLICE DISTRICT,  AS  A  CONSTABLE
 WITH  THE VILLAGE OF WESTHAMPTON DUNES, OR AS A CRIMINAL INVESTIGATOR IN
 THE OFFICE OF A DISTRICT ATTORNEY, PROVIDED THAT SERVICE AS SUCH  INVES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11642-07-4
 S. 8840                             2

 TIGATOR  SHALL  HAVE  BEEN  RENDERED  PRIOR  TO  JANUARY FIRST, NINETEEN
 HUNDRED SIXTY AND THAT CREDIT THEREFOR  SHALL  NOT  EXCEED  FIVE  YEARS,
 SHALL  ALSO  BE DEEMED TO BE CREDITABLE SERVICE AND SHALL BE INCLUDED IN
 COMPUTING  YEARS  OF  TOTAL  SERVICE  FOR  RETIREMENT  PURSUANT  TO THIS
 SECTION, PROVIDED  SUCH  SERVICE  WAS  PERFORMED  BY  THE  MEMBER  WHILE
 CONTRIBUTING TO THE RETIREMENT SYSTEM PURSUANT TO THE PROVISIONS OF THIS
 ARTICLE OR ARTICLE EIGHT OF THIS CHAPTER.
   E.  A  MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
 RETIREMENT MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF TOTAL
 CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER  SIMI-
 LAR TO THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE. UPON COMPLETION
 OF  TWENTY-FIVE  YEARS  OF  SUCH  SERVICE AND UPON RETIREMENT, EACH SUCH
 MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER  WITH  AN  ANNUITY  WHICH
 SHALL  BE THE ACTUARIAL EQUIVALENT OF SUCH MEMBER'S ACCUMULATED CONTRIB-
 UTIONS AT THE TIME OF RETIREMENT AND AN ADDITIONAL PENSION WHICH IS  THE
 ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH
 SUCH  MEMBER  MAY  THEN  BE  ENTITLED,  SHALL BE SUFFICIENT TO PROVIDE A
 RETIREMENT ALLOWANCE EQUAL TO ONE-HALF OF SUCH  MEMBER'S  FINAL  AVERAGE
 SALARY.  FOR SERVICE BEYOND TWENTY-FIVE YEARS, A MEMBER SHALL RECEIVE AN
 ADDITIONAL RETIREMENT ALLOWANCE EQUAL TO ONE-FIFTIETH OF  SUCH  MEMBER'S
 FINAL  AVERAGE  SALARY  FOR EACH YEAR OF CREDITABLE SERVICE IN EXCESS OF
 TWENTY-FIVE YEARS BUT NOT IN EXCESS OF THIRTY YEARS.
   F. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
 DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
 ING SERVICE WHICH IS CREDITABLE SERVICE PURSUANT TO  THE  PROVISIONS  OF
 THIS  SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER
 PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
   G. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
 ANY OTHER PROVISION IN THIS ARTICLE TO THE CONTRARY.
   H. NOTWITHSTANDING ANY PROVISION OF  THIS  SECTION  OR  OF  ANY  OTHER
 PROVISION  OF  LAW  TO  THE  CONTRARY, CONSTABLES MUST HAVE AT LEAST TEN
 YEARS OF CREDITABLE SERVICE WITH THE VILLAGE OF WESTHAMPTON DUNES BEFORE
 SUCH CONSTABLES ARE ELIGIBLE TO RETIRE UNDER THE PROVISIONS OF THE TWEN-
 TY-FIVE YEAR RETIREMENT PLAN.
   I. THE VILLAGE SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY  AND  AT
 SUCH  INTERVALS OF TIME AS MAY BE REQUIRED AND IN SUCH FASHION AS MAY BE
 PRESCRIBED, THE IDENTITY OF THE CONSTABLES IN THE VILLAGE'S EMPLOY.
   § 2. Subdivision a of section 445 of the retirement and social securi-
 ty law, as amended by chapter 714 of the laws of  2023,  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 or she] SUCH MEMBER is a police officer,
 an investigator member  of  the  New  York  city  employees'  retirement
 system,  firefighter, 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
 worker, 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
 S. 8840                             3
 
 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 chapter, 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 technician, an ambu-
 lance medical technician/supervisor or a member who  performs  ambulance
 medical  technician  related  services,  or a police medic, police medic
 supervisor or a member who performs police medic  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,
 undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
 section eighty-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  Onondaga  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 subdivision j of section eighty-nine-p  of  this
 chapter as a sheriff, undersheriff, deputy sheriff or correction officer
 as defined in such section eighty-nine-p or is employed in Broome County
 as  a  sheriff,  undersheriff,  deputy sheriff or correction officer, as
 defined in section eighty-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 ninety-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 superi-
 or  correction officer as defined in section eighty-nine-v of this chap-
 ter as added by chapter five hundred fifty-six of the laws of two  thou-
 sand one 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
 S. 8840                             4
 
 marshal,  chief  fire marshal, division supervising fire marshal or fire
 marshal trainee employed by the county of Nassau as defined  in  section
 eighty-nine-w of this chapter or is employed in Monroe county as a depu-
 ty  sheriff-civil  as  defined in section eighty-nine-x of this chapter,
 employed as an emergency medical technician, critical  care  technician,
 advanced  emergency  medical technician, paramedic or supervisor of such
 titles in a participating Suffolk county fire  district  as  defined  in
 section eighty-nine-ss of this chapter, OR IS EMPLOYED AS A CONSTABLE BY
 THE  VILLAGE OF WESTHAMPTON DUNES AS DEFINED IN SECTION EIGHTY-NINE-Y OF
 THIS CHAPTER, and is in a plan which permits immediate  retirement  upon
 completion  of  a  specified  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
 police officer or investigator member of the New  York  city  employees'
 retirement  system  or  a  firefighter, 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 or she] SUCH MEMBER 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 benefit 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 w to read as follows:
   W.  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 CONSTABLES BY THE VILLAGE OF WESTHAMPTON DUNES,  AS  DEFINED
 IN  SECTION EIGHTY-NINE-Y OF THIS CHAPTER, IF: (I) SUCH MEMBERS HAVE MET
 THE MINIMUM SERVICE REQUIREMENT 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 SUCH MEMBER
 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 TWENTY-FIVE
 OR WITHIN ONE YEAR OF ENTERING INTO SERVICE AS A CONSTABLE IN  WESTHAMP-
 TON  DUNES.  FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM "CREDITABLE
 SERVICE" SHALL HAVE THE SAME MEANING AS  SO  DEFINED  IN  BOTH  SECTIONS
 EIGHTY-NINE-Y AND SIX HUNDRED ONE OF THIS CHAPTER.
   §  4. Section 604 of the retirement and social security law is amended
 by adding a new subdivision w to read as follows:
   W. THE EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO  IS  EMPLOYED
 BY THE VILLAGE OF WESTHAMPTON DUNES AS A CONSTABLE AS DEFINED IN SECTION
 EIGHTY-NINE-Y  OF  THIS CHAPTER SHALL BE A PENSION EQUAL TO ONE-FIFTIETH
 OF SUCH MEMBER'S FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE AT
 THE COMPLETION OF TWENTY-FIVE YEARS OF SERVICE AS  SUCH  CONSTABLE,  BUT
 NOT  EXCEEDING  ONE-HALF  OF  SUCH  MEMBER'S  FINAL  AVERAGE SALARY. FOR
 S. 8840                             5

 SERVICE BEYOND TWENTY-FIVE YEARS, A  MEMBER SHALL RECEIVE AN  ADDITIONAL
 RETIREMENT  ALLOWANCE EQUAL TO ONE-FIFTIETH OF SUCH MEMBER'S FINAL AVER-
 AGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE IN EXCESS OF  TWENTY-FIVE
 YEARS BUT NOT IN EXCESS OF THIRTY YEARS.
   §   5.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne  by  the  village  of  Westhampton
 Dunes.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would create a new service-based retirement plan for members
 of the New York State and Local Employees' Retirement System employed as
 a  constable with the Village of Westhampton Dunes. Provided the consta-
 ble has accrued at least ten years of creditable service while  employed
 by  the  Village  of  Westhampton  Dunes,  they would have the option to
 retire upon completion of twenty-five years of creditable service with a
 benefit of one-half of final average  salary  (FAS)  and  an  additional
 benefit  of  one-fiftieth  of FAS for each year of creditable service in
 excess of twenty-five years, limited to five years  of  additional  one-
 fiftieths.    Currently,  these  members  are covered under an age-based
 plan.
   Additionally, for those members covered under the provisions of  Arti-
 cle  14,  this  bill would permit an irrevocable election to forfeit the
 benefits of Article 14 in favor of the 25-year plan benefit  established
 by this legislation. The election must be made on or before December 31,
 2025  or  within  one  year  of entering service as a constable with the
 Village of Westhampton Dunes, whichever comes later.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of  approximately  $25,000  in  the
 annual  contributions of the Village of Westhampton Dunes for the fiscal
 year ending March 31, 2025. In future years this cost will vary  but  is
 expected to average 4.9% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past service cost of approximately $239,000 which will be
 borne by the Village of Westhampton Dunes as a  one-time  payment.  This
 estimate assumes that payment will be made on February 1, 2025.
   These  estimated  costs are based on nine affected members employed by
 the Village of Westhampton Dunes, with annual  salary  of  approximately
 $462,000  as  of  March  31,  2023. The affected members were identified
 using a roster provided by Lisa M. Lombardo from the office of Represen-
 tative Fred W. Thiele, Jr.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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.
 S. 8840                             6
 
   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 March 8, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No.  2024-26,  prepared  by
 the Actuary for the New York State and Local Retirement System.