S T A T E   O F   N E W   Y O R K
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                                   8218
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   the  calculation  of  past  service credit for members in the title of
   deputy sheriff transferring between  the  New  York  state  and  local
   employees'  retirement  system  to 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  43  of the retirement and social security law is
 amended by adding a new subdivision m to read as follows:
   M. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY, ANY MEMBER IN THE  TITLE  OF  DEPUTY  SHERIFF  WHO  PROVIDED  POLICE
 PROTECTION  OR CORRECTION OFFICER SERVICE TRANSFERRING FROM THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK  STATE  AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION AND ANY MEMBER PREVIOUSLY IN THE TITLE OF DEPUTY SHERIFF WHO
 PROVIDED  POLICE  PROTECTION  OR  CORRECTION OFFICER SERVICE HAVING MADE
 SUCH TRANSFER SHALL BE ENTITLED TO A  DETERMINATION  OF  THE  AMOUNT  OF
 SERVICE  CREDIT  THAT  IS  ELIGIBLE ON A TWENTY YEAR OR TWENTY-FIVE YEAR
 RETIREMENT PLAN IF SUCH DEPUTY SHERIFF HAS SERVED  FOR   AT LEAST    ONE
 YEAR  IN  SUCH  EMPLOYMENT  AND IF, WITHIN ONE YEAR OF THE DATE ON WHICH
 SUCH DEPUTY SHERIFF FIRST BECAME A MEMBER OF  THE  NEW  YORK  STATE  AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR WITHIN ONE YEAR OF THE EFFEC-
 TIVE  DATE  OF  THIS  SUBDIVISION,  SUCH  MEMBER ELECTS TO DO SO. IF THE
 MEMBER SUBSEQUENTLY TRANSFERS BACK TO  THE  NEW  YORK  STATE  AND  LOCAL
 EMPLOYEES'  RETIREMENT  SYSTEM, THE FULL AMOUNT OF SERVICE CREDIT EARNED
 WHILE IN THE TITLE OF DEPUTY SHERIFF WHO PROVIDED POLICE  PROTECTION  OR
 CORRECTION  OFFICER  SERVICE  SHALL  BE TRANSFERRED BACK TO THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10532-04-5
 A. 8218                             2
              

 
   2. THE CALCULATION OF THE AMOUNT OF SUCH SERVICE CREDIT FOR  A  MEMBER
 WILL BE DETERMINED BY MULTIPLYING THE ELIGIBLE SERVICE CREDITED WHILE IN
 THE TITLE OF DEPUTY SHERIFF WHO PROVIDED POLICE PROTECTION OR CORRECTION
 OFFICER  SERVICE  IN  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
 SYSTEM PLAN BY A SALARY MULTIPLIER, REFLECTING THE RATE OF SALARY IN THE
 NEW  YORK  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM PLAN RELATIVE TO
 THE RATE OF SALARY IN THE NEW YORK  STATE  AND  LOCAL  POLICE  AND  FIRE
 RETIREMENT  SYSTEM  PLAN,  AND A BILLING RATE MULTIPLIER, REFLECTING THE
 ACTUARIAL LONG-TERM AVERAGE BILLING RATE IN THE NEW YORK STATE AND LOCAL
 EMPLOYEES' RETIREMENT SYSTEM PLAN RELATIVE TO  THE  ACTUARIAL  LONG-TERM
 AVERAGE  BILLING  RATE  IN  THE NEW YORK STATE AND LOCAL POLICE AND FIRE
 RETIREMENT SYSTEM PLAN. THE DETERMINATION OF THE SALARY  MULTIPLIER  AND
 BILLING  RATE  MULTIPLIER  WILL  BE DETERMINED BY THE ACTUARY OF THE NEW
 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK STATE
 AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM. THE AMOUNT OF SUCH  SERVICE
 CREDITED  TO  THE MEMBER IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE
 RETIREMENT SYSTEM PLAN SHALL NOT EXCEED THE AMOUNT OF  SERVICE  CREDITED
 TO  THE  MEMBER WHILE IN THE TITLE OF DEPUTY SHERIFF WHO PROVIDED POLICE
 PROTECTION OR CORRECTION OFFICER SERVICE IN THE NEW YORK STATE AND LOCAL
 EMPLOYEES' RETIREMENT SYSTEM PLAN.
   3. IN NO EVENT SHALL THE NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIRE-
 MENT SYSTEM SERVICE CREDITED TO A MEMBER OF THE NEW YORK STATE AND LOCAL
 POLICE  AND FIRE RETIREMENT SYSTEM PURSUANT TO THIS SUBDIVISION EXCEED A
 TOTAL OF TEN YEARS.
   § 2. Section 343 of the retirement and social security law is  amended
 by adding a new subdivision j to read as follows:
   J. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY,  ANY  MEMBER  IN  THE  TITLE  OF  DEPUTY SHERIFF WHO PROVIDED POLICE
 PROTECTION OR CORRECTION OFFICER SERVICE TRANSFERRING FROM THE NEW  YORK
 STATE  AND  LOCAL EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK STATE AND
 LOCAL POLICE AND FIRE RETIREMENT SYSTEM AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION AND ANY MEMBER PREVIOUSLY IN THE TITLE OF DEPUTY SHERIFF WHO
 PROVIDED POLICE PROTECTION OR CORRECTION  OFFICER  SERVICE  HAVING  MADE
 SUCH  TRANSFER  SHALL  BE  ENTITLED  TO A DETERMINATION OF THE AMOUNT OF
 SERVICE CREDIT THAT IS ELIGIBLE ON A TWENTY  YEAR  OR  TWENTY-FIVE  YEAR
 RETIREMENT  PLAN IF SUCH DEPUTY SHERIFF HAS SERVED FOR AT LEAST ONE YEAR
 IN SUCH EMPLOYMENT AND, WITHIN ONE YEAR OF THE DATE ON WHICH SUCH DEPUTY
 SHERIFF FIRST BECAME A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND
 FIRE RETIREMENT SYSTEM OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS
 SUBDIVISION,  SUCH  MEMBER  ELECTS  TO DO SO. IF THE MEMBER SUBSEQUENTLY
 TRANSFERS BACK TO THE NEW YORK STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
 SYSTEM,  THE  FULL AMOUNT OF SERVICE CREDIT EARNED WHILE IN THE TITLE OF
 DEPUTY SHERIFF WHO PROVIDED  POLICE  PROTECTION  OR  CORRECTION  OFFICER
 SERVICE  SHALL  BE  TRANSFERRED  BACK  TO  THE  NEW YORK STATE AND LOCAL
 EMPLOYEES' RETIREMENT SYSTEM.
   2. THE CALCULATION OF THE AMOUNT OF SUCH SERVICE CREDIT FOR  A  MEMBER
 WILL BE DETERMINED BY MULTIPLYING THE ELIGIBLE SERVICE CREDITED WHILE IN
 THE TITLE OF DEPUTY SHERIFF WHO PROVIDED POLICE PROTECTION OR CORRECTION
 OFFICER  SERVICE  IN  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
 SYSTEM PLAN BY A SALARY MULTIPLIER, REFLECTING THE RATE OF SALARY IN THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM PLAN  RELATIVE  TO
 THE  RATE  OF  SALARY  IN  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE
 RETIREMENT SYSTEM PLAN, AND A BILLING RATE  MULTIPLIER,  REFLECTING  THE
 ACTUARIAL LONG-TERM AVERAGE BILLING RATE IN THE NEW YORK STATE AND LOCAL
 EMPLOYEES'  RETIREMENT  SYSTEM  PLAN RELATIVE TO THE ACTUARIAL LONG-TERM
 AVERAGE BILLING RATE IN THE NEW YORK STATE AND  LOCAL  POLICE  AND  FIRE
 A. 8218                             3
 
 RETIREMENT  SYSTEM  PLAN. THE DETERMINATION OF THE SALARY MULTIPLIER AND
 BILLING RATE MULTIPLIER WILL BE DETERMINED BY THE  ACTUARY  OF  THE  NEW
 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK STATE
 AND  LOCAL POLICE AND FIRE RETIREMENT SYSTEM. THE AMOUNT OF SUCH SERVICE
 CREDITED TO THE MEMBER IN THE NEW YORK STATE AND LOCAL POLICE  AND  FIRE
 RETIREMENT  SYSTEM  PLAN SHALL NOT EXCEED THE AMOUNT OF SERVICE CREDITED
 TO THE MEMBER WHILE IN THE TITLE OF DEPUTY SHERIFF WHO  PROVIDED  POLICE
 PROTECTION OR CORRECTION OFFICER SERVICE IN THE NEW YORK STATE AND LOCAL
 EMPLOYEES' RETIREMENT SYSTEM PLAN.
   3.   IN NO EVENT SHALL THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
 MENT SYSTEM SERVICE CREDITED TO A MEMBER OF THE NEW YORK STATE AND LOCAL
 POLICE AND FIRE RETIREMENT SYSTEM PURSUANT TO THIS SUBDIVISION EXCEED  A
 TOTAL OF TEN YEARS.
   4. IF SUCH MEMBER SUBSEQUENTLY RETIRES ON AN AGE BASED RETIREMENT PLAN
 IN  THE  NEW  YORK  STATE  AND  LOCAL  POLICE AND FIRE RETIREMENT SYSTEM
 INSTEAD OF A TWENTY YEAR OR TWENTY-FIVE YEAR PLAN, THE  FULL  AMOUNT  OF
 SERVICE  CREDIT  EARNED  WHILE  IN  THE TITLE OF DEPUTY SHERIFF SHALL BE
 GRANTED.
   5. NO MEMBER WHO RECEIVES SERVICE CREDIT PURSUANT TO THIS  SUBDIVISION
 SHALL  BE  ELIGIBLE  TO  RECEIVE  ADDITIONAL  SERVICE CREDIT PURSUANT TO
 SUBDIVISION B OF SECTION THREE HUNDRED EIGHTY-FOUR-E OF THIS ARTICLE  IF
 SUCH DEPUTY SHERIFF'S EMPLOYER HAS ELECTED TO PROVIDE SUCH SERVICE CRED-
 IT.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would expand the  definition  of  creditable  service  under
 twenty-year  and twenty-five-year retirement plans in the New York State
 and Local Police  and  Fire  Retirement  System  (NYSLPFRS)  to  include
 service credit earned in the New York State and Local Employees' Retire-
 ment  System  (NYSLERS) for those individuals previously employed in the
 title of deputy sheriff who provided  police  protection  or  correction
 officer service. To be eligible, the member must have one year of deputy
 sheriff  service  credit  and  elect  to  transfer the service credit to
 NYSLPFRS. The amount of service  credit  granted  in  NYSLPFRS  will  be
 calculated  by  the  Actuary  of the New York State and Local Retirement
 System based on deputy sheriff service credit and  the  rate  of  salary
 earned in NYSLERS but will not exceed 10 years, nor the service credited
 under the NYSLERS plan.
   Insofar  as  this  bill affects NYSLPFRS, the increased costs would be
 shared by the State of New York and the local participating employers in
 NYSLPFRS. If this bill were enacted during the 2025 Legislative Session,
 it is estimated that the past service cost will average approximately 20
 percent of an affected member's compensation for each year of additional
 service credit that is granted.
   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:
   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024 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
 A. 8218                             4
 
 31, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 April 23, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal Note No. 2025-89. As Chief Actu-
 ary of the New York State and Local Retirement System, I, Aaron Schottin
 Young, hereby certify that this analysis complies with applicable  Actu-
 arial  Standards of Practice as well as the Code of Professional Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.