NY State Senate Bill 2025-S8140

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to civil service and pensions

2025-S8140 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §343, R & SS L

2025-S8140 (ACTIVE) - Summary

Provides for transfers from the MTA police retirement program to certain other retirement systems or funds.

2025-S8140 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8140

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the retirement and social security law, relating to the
transfer of reserves between public employee retirement systems of the
state

 
PURPOSE OF THE BILL:

The bill amends Retirement and Social Security Law Section 343 to allow
a member of the MTA Police retirement program to transfer his or her
membership to the New York state and local police and fire retirement
system and/or the New York city police pension fund.  Current law allows
only transfers from the New York state and local police and fire retire-
ment system and/or the New York city police pension fund into the MTA
Police retirement program.

 
SUMMARY AND JUSTIFICATION:

PURSUANT TO CHAPTER 647 OF THE LAWS OF 2004, THE TRANSFER PROVISIONS

ALLOW FOR RECIPROCAL TRANSFERS OF SERVICE CREDIT AND SALARY BETWEEN NEW
YORK STATE PUBLIC RETIREMENT SYSTEMS WITHOUT THE TRANSFER OF EMPLOYER
RESERVES. IN ESSENCE, THE TRANSFER PROVISIONS ALLOW FOR PUBLIC EMPLOYEES
TO MOVE BETWEEN POSITIONS OF PUBLIC EMPLOYMENT AND TRANSFER THEIR
MEMBERSHIP OF CREDITED SERVICE, SALARY, ANNUITY, IF ANY, AND ANY ACCUMU-
LATED MEMBER CONTRIBUTIONS, IN ORDER TO OBTAIN A SINGLE COMBINED PENSION
BASED UPON ALL THEIR PUBLIC SERVICE WITHIN NEW YORK STATE AT THE TIME OF
RETIREMENT.

IN 2004, ONE OF THE REASONS FOR ELIMINATING THE TRANSFER OF EMPLOYER
RESERVES REQUIREMENT WAS TO STREAMLINE THE PROCESS TO BENEFIT PUBLIC
EMPLOYEES TRANSFERRING BETWEEN RETIREMENT SYSTEMS. THIS BILL SEEKS TO
CONTINUE THE "PORTABILITY"; ASSURED TO PUBLIC EMPLOYEES WHO MOVE TO
DIFFERENT POSITIONS IN PUBLIC EMPLOYMENT WITHIN NEW YORK. THIS PROPOSAL
DOES NOT CHANGE THE REQUIREMENTS FOR EACH PUBLIC RETIREMENT SYSTEM FROM
WHICH A PUBLIC EMPLOYEE IS TRANSFERRING (THE "TRANSFERRING SYSTEM") TO
CALCULATE THE "RESERVE"; FOR SAID PUBLIC EMPLOYEE TRANSFERRING AT
THE'TIME THE TRANSFER IS INITIATED.

 
EFFECTIVE DATE OF THE BILL:

THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL APPLY TO ANY COVERED
MEMBERSHIP TRANSFER INITIATED ON OR AFTER JANUARY 1, 2023 FOR WHICH
NOTICE IS RECEIVED BY THE AFFECTED RETIREMENT SYSTEMS OR FUNDS ON THE
DATE LATER THAN WITHIN ONE YEAR ON OR AFTER THE EFFECTIVE DATE OF THIS
CHAPTER OR WITHIN ONE YEAR ON OR AFTER THE DATE OF THE MEMBERSHIP TRANS-
FER.

 
OTHER AGENCIES TO WHOM THE BILL MAY BE OF INTEREST:

UNKNOWN.

 
BUDGETARY IMPLICATIONS OF THE BILL:

FISCAL NOTE REQUESTED

2025-S8140 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8140
 
                        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, relating to  the
   transfer of reserves between public employee retirement systems of the
   state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraphs of subdivisions a and h  of  section
 343  of the retirement and social security law, the opening paragraph of
 subdivision a as amended by chapter 533 of the  laws  of  2015  and  the
 opening paragraph of subdivision h as amended by chapter 717 of the laws
 of 2023, are amended to read as follows:
   Notwithstanding  any  other  provision of law providing for transfers,
 any member of any retirement system maintained by the state or a munici-
 pality thereof, operating on a sound financial basis and subject to  the
 supervision  of  the  department of financial services of this state may
 transfer [his or her] THEIR membership pursuant to this section  to  the
 New York state and local employees' retirement system, the New York city
 board  of  education  employees'  retirement  system, the New York state
 teachers' retirement system, the New York state  and  local  police  and
 fire  retirement  system  or  to the New York city employees' retirement
 system. Any member of the New York  state  and  local  police  and  fire
 retirement  system  may  transfer  [his  or her] THEIR membership to any
 retirement system, other than the hospital retirement system,  which  is
 operating  on  a  sound  basis  and is subject to the supervision of the
 department of financial services  of  this  state.  Any  police  officer
 employed by the metropolitan transportation authority who is a member of
 the MTA police twenty year retirement program of the metropolitan trans-
 portation  authority  defined benefit pension plan (hereinafter referred
 to in this section as the "MTA police retirement program") may  transfer
 [his or her] THEIR membership in the New York state and local police and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09913-01-5

 S. 8140                             2
 
 fire  retirement  system and/or the New York city police pension fund to
 the MTA police retirement program OR MAY TRANSFER  THEIR  MEMBERSHIP  IN
 THE  MTA POLICE RETIREMENT PROGRAM TO ANY OF THE SYSTEMS OR FUNDS REFER-
 ENCED  IN  THIS  SENTENCE.  Any  police  officer who was employed by the
 metropolitan transportation authority, the Long Island Railroad  Company
 or  the Metro-North Commuter Railroad Company and who is a member of the
 MTA police retirement program may transfer [his or her] THEIR membership
 in the MTA police retirement program to the New  York  state  and  local
 police and fire retirement system. Any transfer pursuant to this section
 may be effectuated only if the member has accepted a position in another
 branch of the state or municipal service which would make it:
   Notwithstanding  any  other  provision  of  law  to the contrary, with
 respect to transfers pursuant to this section which occur  on  or  after
 the  effective date of [the] chapter SEVEN HUNDRED SEVENTEEN of the laws
 of two thousand twenty-three [that amended this subdivision], no  deter-
 mination  of  a  reserve  pursuant  to  subdivision c of this section or
 transfer thereof pursuant to the first sentence of subdivision d of this
 section shall be required in the case of any transfer pursuant  to  this
 section  (other than a transfer from the New York state and local police
 and fire retirement system to  either  (1)  the  New  York  city  police
 department  subchapter  two  pension  fund,  (2)  the New York city fire
 department subchapter two pension fund or (3) the MTA police  retirement
 program  or  a transfer from either (i) the New York city police depart-
 ment subchapter two pension fund or (ii) the New York city fire  depart-
 ment  subchapter  two  pension fund to either (A) the New York state and
 local police and fire retirement system or (B) the MTA police retirement
 program or a transfer from the MTA police retirement program to the  New
 York state and local police and fire retirement system OR (C) EITHER (I)
 THE  NEW YORK CITY POLICE DEPARTMENT SUBCHAPTER TWO PENSION FUND OR (II)
 THE NEW YORK CITY FIRE DEPARTMENT SUBCHAPTER TWO PENSION  FUND)  in  the
 case  of  a member with less than ten years of credited service with the
 transferring retirement system at the time the  transfer  is  initiated.
 With  respect  to transfers pursuant to such subdivisions which occur on
 or after the effective date of [the] chapter SEVEN HUNDRED SEVENTEEN  of
 the  laws  of two thousand twenty-three [that amended this subdivision],
 the transfer of a pension reserve shall be required when the  member  is
 transferring ten or more years of credited service from a public retire-
 ment  system  of  the state to any other public retirement system of the
 state, excluding any transfers within and  between  the  New  York  city
 employees'  retirement  system,  the  New York city teachers' retirement
 system and the New York city board of education retirement  system.  For
 the  purpose of giving the transferring member such status and crediting
 such service in the second retirement system as such member was  allowed
 in  the first retirement system in those cases to which this subdivision
 shall apply, the transfer shall be deemed complete upon receipt  by  the
 second retirement system of:
   §  2.  This  act  shall take effect immediately and shall apply to any
 membership transfer initiated on or after  January  1,  2023  for  which
 notice is received by the affected retirement systems or funds on a date
 later than within one year on or after the effective date of this act or
 within one year on or after the date of the membership transfer.

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.

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

Senate Bill S8140

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S8140 (ACTIVE) - Details

2025-S8140 (ACTIVE) - Summary

2025-S8140 (ACTIVE) - Sponsor Memo

2025-S8140 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8140

Share this bill

Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S8140 (ACTIVE) - Details

2025-S8140 (ACTIVE) - Summary

2025-S8140 (ACTIVE) - Sponsor Memo

2025-S8140 (ACTIVE) - Bill Text download pdf

Comments