Senate Bill S8093

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8093
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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
   allowing  members of the New York city fire department pension fund to
   obtain service credit for retirement eligibility and retirement allow-
   ance from any of the public retirement systems of New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of  paragraph  2 of subdivision c of
 section 513 of the retirement and  social  security  law  is  renumbered
 subparagraph  (iv)  and  a  new  subparagraph  (iii) is added to read as
 follows:
   (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
 MEMBER OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND SUBJECT TO THIS
 ARTICLE  SHALL  BE ELIGIBLE TO OBTAIN CREDIT FOR ANY PERIOD OF ALLOWABLE
 PRIOR SERVICE, IN ANY OF THE PUBLIC RETIREMENT SYSTEMS OF THE STATE,  AS
 DEFINED  IN SUBDIVISION TWENTY-THREE OF SECTION FIVE HUNDRED ONE OF THIS
 ARTICLE, INCLUDING THE NEW YORK STATE AND  LOCAL  EMPLOYEES'  RETIREMENT
 SYSTEM,  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, NEW
 YORK STATE TEACHERS' RETIREMENT SYSTEM, NEW YORK CITY EMPLOYEES' RETIRE-
 MENT SYSTEM, NEW YORK CITY TEACHERS' RETIREMENT SYSTEM,  NEW  YORK  CITY
 POLICE  PENSION FUND, NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND THE
 NEW YORK CITY BOARD OF EDUCATION RETIREMENT  SYSTEM,  AND  SUCH  SERVICE
 SHALL  BE DEEMED TO BE IN SERVICE OF THE UNIFORMED FORCE OF THE NEW YORK
 CITY FIRE DEPARTMENT FOR PURPOSES OF ELIGIBILITY  FOR  BENEFITS  AND  TO
 DETERMINE THE AMOUNT OF BENEFITS UNDER THE NEW YORK CITY FIRE DEPARTMENT
 PENSION  FUND,  PROVIDED THAT SUCH MEMBER PAYS OR TRANSFERS INTO THE NEW
 YORK CITY FIRE DEPARTMENT PENSION  FUND  ALL  MEMBER  CONTRIBUTIONS  SET
 FORTH  IN  SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE PLUS INTEREST,
 AT A RATE OF FIVE PERCENT PER ANNUM. FOR A  MEMBER  WHO  TRANSFERS  SUCH
 CONTRIBUTIONS FROM ANY OF THE PUBLIC RETIREMENT SYSTEMS OF THE STATE, AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04244-03-5
              

 S. 8093                             2
 
 DEFINED  IN SUBDIVISION TWENTY-THREE OF SECTION FIVE HUNDRED ONE OF THIS
 ARTICLE, AND SET FORTH IN THIS SUBPARAGRAPH, TO THE NEW YORK  CITY  FIRE
 DEPARTMENT  PENSION  FUND,  OR  FOR A MEMBER WHO WITHDRAWS SUCH CONTRIB-
 UTIONS  FROM ANY OF THE PUBLIC RETIREMENT SYSTEMS, SUCH MEMBER'S MEMBER-
 SHIP IN THE PUBLIC RETIREMENT SYSTEM FROM WHERE SUCH CONTRIBUTIONS  WERE
 TRANSFERRED  OR  WITHDRAWN SHALL CEASE UPON SUCH TRANSFER OR WITHDRAWAL,
 AND SUCH MEMBER SHALL RETAIN NO CREDITED SERVICE IN SUCH SYSTEM.
   § 2. Subdivision c of section 446 of the retirement and social securi-
 ty law, as amended by chapter 426 of the laws of 1974 and as  relettered
 by chapter 465 of the laws of 1980, is amended to read as follows:
   c. Creditable service.
   (I)  A  member of a retirement system who is subject to the provisions
 of this article shall not be eligible to obtain  retirement  credit  for
 service with a public employer other than the state of New York, a poli-
 tical  subdivision  thereof,  a public benefit corporation, or a partic-
 ipating employer; provided, however, military service with  the  federal
 government  may  be credited pursuant to section two hundred forty-three
 of the military law up to a maximum of four years; and further  provided
 that retirement credit may be granted for service with an agency located
 within the state of New York currently specified in the law as providing
 retirement credit for service.
   (II)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, A
 MEMBER OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND SUBJECT TO THIS
 ARTICLE SHALL BE ELIGIBLE TO OBTAIN CREDIT FOR ANY PERIOD  OF  ALLOWABLE
 PRIOR  SERVICE, IN ANY OF THE PUBLIC RETIREMENT SYSTEMS OF THE STATE, AS
 DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION FIVE HUNDRED ONE OF  THIS
 ARTICLE,  INCLUDING  THE  NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
 SYSTEM, NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM,  NEW
 YORK STATE TEACHERS' RETIREMENT SYSTEM, NEW YORK CITY EMPLOYEES' RETIRE-
 MENT  SYSTEM,  NEW  YORK CITY TEACHERS' RETIREMENT SYSTEM, NEW YORK CITY
 POLICE PENSION FUND, NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND  THE
 NEW  YORK  CITY  BOARD  OF EDUCATION RETIREMENT SYSTEM, AND SUCH SERVICE
 SHALL BE DEEMED TO BE IN SERVICE OF THE UNIFORMED FORCE OF THE NEW  YORK
 CITY  FIRE  DEPARTMENT  FOR  PURPOSES OF ELIGIBILITY FOR BENEFITS AND TO
 DETERMINE THE AMOUNT OF BENEFITS UNDER THE NEW YORK CITY FIRE DEPARTMENT
 PENSION FUND, PROVIDED THAT SUCH MEMBER PAYS OR TRANSFERS INTO  THE  NEW
 YORK  CITY  FIRE  DEPARTMENT  PENSION FUND ALL MEMBER CONTRIBUTIONS PLUS
 INTEREST, AT A RATE OF EIGHT AND ONE QUARTER PERCENT PER  ANNUM.  FOR  A
 MEMBER  WHO  TRANSFERS SUCH CONTRIBUTIONS FROM ANY OF THE PUBLIC RETIRE-
 MENT SYSTEMS OF THE STATE, AS DEFINED  IN  SUBDIVISION  TWENTY-THREE  OF
 SECTION  FIVE  HUNDRED  ONE OF THIS ARTICLE, AND SET FORTH IN THIS PARA-
 GRAPH, TO THE NEW YORK CITY FIRE  DEPARTMENT  PENSION  FUND,  OR  FOR  A
 MEMBER  WHO  WITHDRAWS SUCH CONTRIBUTIONS FROM ANY OF THE PUBLIC RETIRE-
 MENT SYSTEMS, SUCH MEMBER'S MEMBERSHIP IN THE PUBLIC  RETIREMENT  SYSTEM
 FROM  WHERE SUCH CONTRIBUTIONS WERE TRANSFERRED OR WITHDRAWN SHALL CEASE
 UPON SUCH TRANSFER OR WITHDRAWAL, AND SUCH MEMBER SHALL RETAIN NO  CRED-
 ITED SERVICE IN SUCH SYSTEM.
   § 3. This act shall take effect immediately.