S. 7635 2
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 SUCH MEMBER'S RETIREMENT AND AN
ADDITIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-
FOR-INCREASED-TAKE-HOME-PAY TO WHICH SUCH MEMBER MAY THEN BE ENTITLED
SHALL BE SUFFICIENT TO PROVIDE SUCH MEMBER WITH 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 SERVICES PERFORMED AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY
TELECOMMUNICATOR, 911 OPERATOR, COMMUNICATIONS OFFICERS, POLICE COMMUNI-
CATION TECHNICIAN, EMERGENCY SERVICES OPERATOR, EMERGENCY SERVICES
DISPATCHER, OR ANY SIMILAR TITLE, EMPLOYED BY THE STATE, OR A COUNTY OR
MUNICIPAL EMERGENCY SERVICES DEPARTMENT WHO IS RESPONSIBLE FOR RECEIVING
AND MANAGING EMERGENCY CALLS, AND DISPATCHING APPROPRIATE EMERGENCY
SERVICES, INCLUDING BUT NOT LIMITED TO, LAW ENFORCEMENT, FIRE, AND
MEDICAL ASSISTANCE.
E. CREDIT FOR SERVICE 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, OR AS A CRIMINAL INVESTIGATOR IN
THE OFFICE OF A DISTRICT ATTORNEY, SHALL ALSO BE DEEMED TO BE CREDITABLE
SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE FOR
RETIREMENT PURSUANT TO THIS SECTION.
F. THE OFFICER OF THE STATE, OR CHIEF EXECUTIVE OFFICER OF A COUNTY OR
MUNICIPALITY THAT MAKES THE ELECTION PROVIDED FOR IN SUBDIVISION J OF
THIS SECTION SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY AND AT SUCH
INTERVALS OF TIME AS MAY BE REQUIRED OF THEM AND IN SUCH FASHION AS MAY
BE PRESCRIBED, THE IDENTITY OF MEMBERS IN ELIGIBLE TITLES AS DEFINED IN
SUBDIVISIONS A AND D OF THIS SECTION.
G. 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 SUCH MEMBER'S RETIREMENT AND AN ADDITIONAL PENSION
WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-INCREASED-TAKE-
HOME-PAY TO WHICH SUCH MEMBER MAY BE ENTITLED SHALL BE SUFFICIENT TO
PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE EQUAL TO ONE-HALF OF
SUCH MEMBER'S FINAL AVERAGE SALARY. FOR SERVICE BEYOND TWENTY-FIVE
YEARS, THE BENEFIT SHALL BE INCREASED BY ONE-SIXTIETH OF FINAL AVERAGE
SALARY FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT PROVIDED, HOWEVER, THE
TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS SECTION SHALL NOT EXCEED THREE-
FOURTHS OF SUCH MEMBER'S FINAL AVERAGE SALARY.
H. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER
PURSUANT TO THIS SECTION, FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE
SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR
I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
TIME OF SUCH MEMBER'S ENTRANCE INTO THE ARMED FORCES WAS IN THE SERVICE
OF THE COUNTY OF SUCH MEMBER'S EMPLOYER THAT MAKES THE ELECTION PROVIDED
FOR IN THIS SECTION.
I. 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
S. 7635 3
THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER
PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
J. (1) EACH EMPLOYER THAT ELECTS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
(2) THE BENEFITS OF THIS SECTION SHALL BE AVAILABLE ONLY TO THOSE
MEMBERS AS DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION WHOSE EMPLOY-
ER ELECTS TO PROVIDE SUCH BENEFITS BY ADOPTING A RESOLUTION TO SUCH
EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER. SUCH
RESOLUTION MAY ALSO CONTAIN AN ELECTION THAT ANY PAST SERVICES COST BE
PAID OVER EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL
BE ACCOMPANIED BY THE AFFIDAVIT OF THE OFFICER OF THE STATE MAKING AN
ELECTION PURSUANT TO THIS SUBDIVISION OR THE CHIEF EXECUTIVE OFFICER OF
THE COUNTY OR MUNICIPALITY THAT THE STATE, COUNTY OR MUNICIPALITY HAS
RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF THE COST OF THE BENE-
FIT PROVIDED BY THIS SECTION.
(3) SUCH RESOLUTION SHALL APPLY TO ALL MEMBERS DEFINED IN SUBDIVISIONS
A AND D OF THIS SECTION, EXCEPT THOSE ALREADY SUBJECT TO A RETIREMENT
PLAN WHICH PERMITS IMMEDIATE RETIREMENT WITH A BENEFIT UPON A SPECIFIED
PERIOD OF SERVICE OF TWENTY-FIVE YEARS OR LESS WITHOUT REGARD TO AGE.
K. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISIONS IN THIS ARTICLE TO THE CONTRARY.
§ 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
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
S. 7635 4
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
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 PUBLIC SAFE-
TY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR, 911 OPERATOR, COMMUNI-
CATIONS OFFICERS, POLICE COMMUNICATION TECHNICIAN, EMERGENCY SERVICES
OPERATOR, EMERGENCY SERVICES DISPATCHER, OR ANY SIMILAR TITLE, EMPLOYED
BY THE STATE, OR A COUNTY OR MUNICIPAL EMERGENCY SERVICES DEPARTMENT WHO
IS RESPONSIBLE FOR RECEIVING AND MANAGING EMERGENCY CALLS, AND DISPATCH-
ING APPROPRIATE EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO, LAW
ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE AS DEFINED IN SECTION EIGHTY-
NINE-Y OF THIS CHAPTER, and is in a plan which permits immediate retire-
S. 7635 5
ment 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 occu-
pation, 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 occupa-
tion 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 bene-
fit 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, SIX HUNDRED FOUR-C, AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF
NINETEEN HUNDRED NINETY-FIVE, OR SIX HUNDRED FOUR-D 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 PUBLIC SAFETY
DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR, 911 OPERATOR, COMMUNICATIONS
OFFICERS, POLICE COMMUNICATION TECHNICIAN, EMERGENCY SERVICES OPERATOR,
EMERGENCY SERVICES DISPATCHER, OR ANY SIMILAR TITLE, EMPLOYED BY THE
STATE, OR A COUNTY OR MUNICIPAL EMERGENCY SERVICES DEPARTMENT WHO IS
RESPONSIBLE FOR RECEIVING AND MANAGING EMERGENCY CALLS, AND DISPATCHING
APPROPRIATE EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO, LAW
ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE AS DEFINED IN SECTION EIGHTY-
NINE-Y OF THIS CHAPTER IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE
REQUIREMENTS 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 IS IRREVOCABLE, SHALL BE IN WRIT-
ING, DULY EXECUTED AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE
YEAR OF AN ELECTION SUCH MEMBER'S EMPLOYER MAKES OR WITHIN ONE YEAR
AFTER ENTERING THE EMPLOYMENT WITH SUCH COUNTY, MUNICIPALITY OR EMPLOYER
UPON WHICH ELIGIBILITY IS BASED, WHICHEVER COMES LATER. FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEAN-
ING AS DEFINED IN 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 FOR A MEMBER WHO IS EMPLOYED BY THE
STATE, OR IN A COUNTY, MUNICIPALITY OR EMPLOYER THAT MAKES THE ELECTION
PROVIDED FOR IN SUBDIVISION J OF SECTION EIGHTY-NINE-Y OF THIS CHAPTER
AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR, 911 OPER-
ATOR, COMMUNICATIONS OFFICERS, POLICE COMMUNICATION TECHNICIAN, EMERGEN-
CY SERVICES OPERATOR, EMERGENCY SERVICES DISPATCHER, OR ANY SIMILAR
TITLE, EMPLOYED BY THE STATE, OR A COUNTY OR MUNICIPAL EMERGENCY
S. 7635 6
SERVICES DEPARTMENT WHO IS RESPONSIBLE FOR RECEIVING AND MANAGING EMER-
GENCY CALLS, AND DISPATCHING APPROPRIATE EMERGENCY SERVICES, INCLUDING
BUT NOT LIMITED TO, LAW ENFORCEMENT, FIRE, AND MEDICAL ASSISTANCE, AS
DEFINED IN SECTION EIGHTY-NINE-Y OF THIS CHAPTER SHALL BE A PENSION
EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED
SERVICE AT THE COMPLETION OF TWENTY-FIVE YEARS OF SERVICE, BUT NOT
EXCEEDING ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY. FOR SERVICE
BEYOND TWENTY-FIVE YEARS, THE BENEFITS SHALL INCREASE BY ONE-SIXTIETH OF
FINAL AVERAGE SALARY FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT
PROVIDED, HOWEVER, THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS
SECTION SHALL NOT EXCEED THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE
SALARY.
§ 5. All past service costs incurred with implementing the provisions
of this act shall be borne by any employer that elects to provide the
benefits provided by this act.
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would permit the state, counties, and municipal emergency
services departments that participate in the New York State and Local
Employees' Retirement System to elect to provide members employed as
public safety dispatchers, public safety telecommunicators, 911 opera-
tors, communications officers, police communication technicians, emer-
gency services operators, emergency services dispatchers, or any similar
title that is responsible for receiving and managing emergency calls and
dispatching appropriate emergency services 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 for Tiers 3 through 6 an
additional benefit of one-sixtieth of FAS for each year of creditable
service in excess of twenty-five years, not to exceed fifteen years.
Additionally, members covered under Article 14 would be permitted one
year to make an irrevocable election to switch to the twenty-five-year
plan benefit.
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase in the annual contributions of an
electing employer of approximately 6% of salary paid to eligible members
for the fiscal year ending March 31, 2026. In future years this cost
will vary as the billing rates and salary of the affected members
change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately 17% of salary paid to
eligible members which will be borne by the electing employer as a one-
time payment.
Further, we anticipate additional administrative costs to implement
the provisions of this legislation.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Prior to electing to provide these benefits, an employer would be
required to submit a roster of eligible members to the New York State
and Local Retirement System. This roster would be used to determine an
exact cost to the electing employer.
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
S. 7635 7
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
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 22, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-78. 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.
