S T A T E   O F   N E W   Y O R K
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                                   8154
 
                        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
   making  certain  benefits  available to members of the Dutchess county
   sheriff's  department;  and  providing  for  the  repeal  of   certain
   provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision k of section 89-p of the retirement and  social
 security  law  is  relettered  subdivision  l and a new subdivision k is
 added to read as follows:
   K. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  DUTCHESS
 COUNTY  MAY ELECT TO MAKE AVAILABLE TO THE MEMBERS DESCRIBED IN SUBDIVI-
 SIONS A AND D OF THIS SECTION THE TWENTY-YEAR RETIREMENT  PLAN  PROVIDED
 BY  SECTION FIVE HUNDRED SIXTY-ONE OF THIS CHAPTER; PROVIDED THAT DUTCH-
 ESS COUNTY SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
   (2) THE BENEFITS PROVIDED BY THIS SUBDIVISION SHALL BE AVAILABLE  ONLY
 TO  THOSE  MEMBERS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION UPON THE
 ADOPTION OF A  RESOLUTION  SPECIFICALLY  STATING  THAT  DUTCHESS  COUNTY
 ELECTS  TO  OFFER THE BENEFIT PROVIDED BY SECTION FIVE HUNDRED SIXTY-ONE
 OF THIS CHAPTER, AS AUTHORIZED BY THIS SUBDIVISION AND FILING  A  CERTI-
 FIED COPY THEREOF WITH THE COMPTROLLER. SUCH RESOLUTION MAY ALSO CONTAIN
 AN  ELECTION  THAT ANY PAST SERVICE COST BE PAID OVER EITHER A FIVE-YEAR
 OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL BE ACCOMPANIED BY THE  AFFIDA-
 VIT  OF  THE CHIEF EXECUTIVE OFFICER OF DUTCHESS COUNTY THAT SUCH COUNTY
 HAS RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF THE COST  OF  THE
 BENEFIT PROVIDED BY SECTION FIVE HUNDRED SIXTY-ONE OF THIS CHAPTER.
   (3)  SUCH  RESOLUTION  SHALL APPLY TO ALL MEMBERS DEFINED IN PARAGRAPH
 ONE OF THIS SUBDIVISION, EXCEPT THOSE ALREADY SUBJECT  TO  A  RETIREMENT
 PLAN  WHICH PERMITS IMMEDIATE RETIREMENT WITH A BENEFIT UPON A SPECIFIED
 PERIOD OF SERVICE OF TWENTY YEARS OR LESS WITHOUT REGARD TO AGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11926-03-5
              

 S. 8154                             2
 
   § 2. The retirement and social security law is amended by adding a new
 section 561 to read as follows:
   §  561.  OPTIONAL RETIREMENT PLAN FOR DUTCHESS COUNTY DEPUTY SHERIFFS.
 A. A MEMBER OF THE RETIREMENT SYSTEM EMPLOYED  BY  DUTCHESS  COUNTY  MAY
 ELECT  TO  BECOME  A  MEMBER  PURSUANT TO THE PROVISIONS OF THIS SECTION
 WITHIN ONE YEAR AFTER SUCH MEMBER BECOMES A MEMBER, IF  DUTCHESS  COUNTY
 HAS  ELECTED  TO MAKE THE BENEFITS PROVIDED HEREIN AVAILABLE TO MEMBERS,
 OR WITHIN ONE YEAR AFTER DUTCHESS COUNTY ELECTS  TO  MAKE  THE  BENEFITS
 PROVIDED HEREIN AVAILABLE TO ITS MEMBERS.
   B.  ELECTIONS  MADE  PURSUANT  TO THIS SECTION SHALL BE IN WRITING AND
 SHALL BE DULY ACKNOWLEDGED AND FILED WITH THE  COMPTROLLER.  ANY  MEMBER
 WHO  FILES  SUCH  AN  ELECTION  PURSUANT TO THIS SECTION MAY WITHDRAW IT
 AFTER IT HAS BEEN FILED FOR AT LEAST ONE YEAR. SUCH WITHDRAWAL SHALL  BE
 BY WRITTEN NOTICE DULY ACKNOWLEDGED AND FILED WITH THE COMPTROLLER.
   C.  A MEMBER PARTICIPATING ON THE BASIS OF THIS SECTION AT THE TIME OF
 RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION  OF  TWENTY
 YEARS  OF  TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE SIXTY-
 TWO, BY FILING AN APPLICATION THEREFOR  IN  A  MANNER  SIMILAR  TO  THAT
 PROVIDED IN THIS CHAPTER.
   1.  UPON  COMPLETION  OF TWENTY YEARS OF SUCH SERVICE AND UPON RETIRE-
 MENT, EACH SUCH MEMBER SHALL RECEIVE A  PENSION  SUFFICIENT  TO  PROVIDE
 SUCH  MEMBER  WITH  A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF SUCH
 MEMBER'S FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL CREDITABLE  SERVICE
 FOR  WHICH  SUCH  MEMBER  IS OTHERWISE ENTITLED BUT NOT EXCEEDING IN THE
 AGGREGATE ONE-HALF OF SUCH  MEMBER'S  FINAL  AVERAGE  SALARY;  PROVIDED,
 HOWEVER,  IF UPON RETIREMENT, SUCH MEMBER SHALL HAVE CREDITED SERVICE IN
 EXCESS OF TWENTY YEARS, SUCH MEMBER SHALL  RECEIVE,  FOR  EACH  YEAR  OF
 SERVICE  IN EXCESS OF TWENTY, AN ADDITIONAL PENSION WHICH SHALL BE EQUAL
 TO ONE-SIXTIETH OF SUCH MEMBER'S  FINAL  AVERAGE  SALARY;  AND  PROVIDED
 FURTHER  THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS SECTION SHALL
 NOT EXCEED THREE-QUARTERS OF SUCH MEMBER'S FINAL AVERAGE SALARY.
   2. UPON ATTAINMENT  OF  AGE  SIXTY-TWO  AND  UPON  RETIREMENT  WITHOUT
 COMPLETION  OF  TWENTY  YEARS  OF  SUCH  SERVICE, EACH SUCH MEMBER SHALL
 RECEIVE A PENSION SUFFICIENT TO PROVIDE SUCH MEMBER  WITH  A  RETIREMENT
 ALLOWANCE  EQUAL  TO ONE-FORTIETH OF THEIR FINAL AVERAGE SALARY FOR EACH
 YEAR OF CREDITABLE SERVICE. EVERY SUCH MEMBER SHALL ALSO BE ENTITLED  TO
 AN  ADDITIONAL  PENSION  EQUAL  TO  THE PENSION FOR ANY OTHER CREDITABLE
 SERVICE RENDERED AS OTHERWISE PROVIDED FOR IN THIS CHAPTER. THIS  LATTER
 PENSION  SHALL NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN ONE-HALF OF
 SUCH MEMBER'S FINAL AVERAGE SALARY.
   D. DUTCHESS COUNTY MAY ELECT TO PROVIDE ANY SERVICE CREDIT EARNED WITH
 A PUBLIC EMPLOYER PRIOR TO SERVICES PERFORMED AS A SHERIFF, UNDERSHERIFF
 OR DEPUTY SHERIFF TOWARDS THE ONE-SIXTIETH ALLOWANCE PROVIDED  BY  PARA-
 GRAPH ONE OF SUBDIVISION C OF THIS SECTION.
   E.  THE  INCREASED PENSION, AS PROVIDED BY THIS SECTION, SHALL BE PAID
 FROM ADDITIONAL CONTRIBUTIONS MADE  BY  THE  PARTICIPATING  EMPLOYER  ON
 ACCOUNT  OF  SUCH  MEMBERS.  THE  ACTUARY OF THE RETIREMENT SYSTEM SHALL
 COMPUTE THE ADDITIONAL CONTRIBUTION REQUIRED FOR EACH MEMBER WHO  ELECTS
 TO RECEIVE THE SPECIAL BENEFITS PROVIDED UNDER THIS SECTION.  SUCH ADDI-
 TIONAL  CONTRIBUTIONS  SHALL  BE  COMPUTED ON THE BASIS OF CONTRIBUTIONS
 DURING THE PROSPECTIVE SERVICE OF  SUCH  MEMBER  WHICH  WILL  COVER  THE
 LIABILITY  OF  THE  RETIREMENT  SYSTEM  FOR  SUCH  EXTRA  PENSIONS. UPON
 APPROVAL OF THE COMPTROLLER,  SUCH  ADDITIONAL  CONTRIBUTIONS  SHALL  BE
 CERTIFIED  BY  THE COMPTROLLER TO THE DUTCHESS COUNTY CHIEF FISCAL OFFI-
 CER. THE AMOUNT THEREOF SHALL BE INCLUDED IN THE ANNUAL APPROPRIATION OF
 DUTCHESS COUNTY. SUCH AMOUNT SHALL BE PAID ON THE WARRANT OF  THE  CHIEF
 S. 8154                             3
 
 FISCAL  OFFICER  OF  DUTCHESS COUNTY TO THE PENSION ACCUMULATION FUND OF
 THE RETIREMENT SYSTEM.
   F.  IN  COMPUTING  THE  TWENTY YEARS OF COMPLETED SERVICE OF A MEMBER,
 FULL CREDIT SHALL BE GIVEN FOR MILITARY SERVICE AS DEFINED  IN  SUBDIVI-
 SIONS  TWENTY-NINE-A  AND  THIRTY  OF  SECTION THREE HUNDRED TWO OF THIS
 CHAPTER.
   G. EVERY MEMBER PARTICIPATING ON THE BASIS OF THIS  SECTION  SHALL  BE
 SEPARATED  FROM  THE  SERVICE ON THE LAST DAY OF THE CALENDAR MONTH NEXT
 SUCCEEDING THE CALENDAR MONTH IN WHICH SUCH MEMBER  ATTAINS  AGE  SIXTY-
 TWO,  PROVIDED,  HOWEVER,  THAT  SUCH  A  MEMBER WHO ATTAINED THE AGE OF
 SIXTY-TWO BEFORE THE  DUTCHESS  COUNTY  ELECTED  TO  MAKE  THE  BENEFITS
 PROVIDED  HEREIN  AVAILABLE  TO  SUCH  MEMBER, OR WHO ATTAINS THE AGE OF
 SIXTY-TWO WITHIN ONE MONTH AFTER THE DUTCHESS COUNTY MAKES SUCH BENEFITS
 AVAILABLE, TO BE ELIGIBLE FOR A PENSION COMPUTED IN ACCORDANCE WITH  THE
 PROVISIONS  OF  THIS SECTION, SHALL BE SEPARATED FROM THE SERVICE WITHIN
 THREE MONTHS AFTER THE DUTCHESS COUNTY MAKES SUCH BENEFITS AVAILABLE.
   H. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
 ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
   I. THE BENEFITS OF THIS SECTION SHALL BE AVAILABLE UPON DUTCHESS COUN-
 TY ELECTING TO PROVIDE SUCH BENEFITS BY ADOPTING A  RESOLUTION  TO  SUCH
 EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER.
   J.  THE  BENEFITS  HEREINABOVE  PROVIDED SHALL BE PAYABLE TO A MEMBER,
 UNLESS AT THE DATE OF RETIREMENT, SUCH MEMBER WOULD OTHERWISE  BE  ENTI-
 TLED  TO  A  GREATER  BENEFIT UNDER OTHER PROVISIONS OF THIS CHAPTER HAD
 SUCH MEMBER WITHDRAWN FROM THIS SECTION, IN  WHICH  EVENT  SUCH  GREATER
 BENEFITS SHALL BE PAYABLE.
   K.  1. AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE, ANY
 AND ALL SERVICES PERFORMED AS A SHERIFF, UNDERSHERIFF OR DEPUTY SHERIFF,
 PROVIDED, HOWEVER, THAT CRIMINAL LAW ENFORCEMENT SERVICE SHALL  ONLY  BE
 CREDITABLE  WHEN IT AGGREGATES FIFTY PER CENTUM OR MORE OF THEIR SERVICE
 AS A DEPUTY SHERIFF.
   2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
 SION, DUTCHESS COUNTY MAY ELECT ON A FORM FILED WITH THE COMPTROLLER FOR
 THAT  PURPOSE  TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO INCLUDE ANY
 AND ALL SERVICE PERFORMED BY A DEPUTY SHERIFF WHO IS  A  POLICE  OFFICER
 PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL OR AS  CERTI-
 FIED  BY THE POLICE DEPARTMENT OF THE CITY OF NEW YORK UPON SATISFACTORY
 COMPLETION OF THE BASIC TRAINING PROGRAM AND  GRADUATION  FROM  THE  NEW
 YORK CITY POLICE ACADEMY.
   3. 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 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.
   §  3.  Dutchess county is authorized to file an election in accordance
 with subdivision k of section eighty-nine-p of the retirement and social
 security law electing to offer the provisions of  section  five  hundred
 sixty-one  of  the  retirement  and  social  security law to its members
 defined in subdivisions a and d of section eighty-nine-p of the  retire-
 ment  and  social  security  law  within  one hundred eighty days of the
 S. 8154                             4
 
 effective date of this act.  All  past  service  costs  associated  with
 section two of this act shall be borne by Dutchess county.
   §  4. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall  be  subject  to  the  appropriation
 requirement of section 25 of the retirement and social security law.
   § 5. This act shall take effect immediately; provided however, that if
 the  county  of  Dutchess fails to file the election pursuant to section
 three of this act with the comptroller within one hundred eighty days of
 the effective date of this act, on  the  one  hundred  eighty-first  day
 following the effective date of this act, sections two and three of this
 act  shall  expire and be deemed repealed; provided that the comptroller
 shall notify the legislative bill drafting commission  upon  the  occur-
 rence  of  the  filing of such election provided for in section three of
 this act, or lack thereof, in order that the commission may maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.