Bill Text: NY A10136 | 2023-2024 | General Assembly | Introduced

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Bill Title: Exempts the chief of police of the town of Southampton, county of Suffolk, from mandatory age requirements; authorizes such chief of police to remain in service until such member has attained the age of 65.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-09 - referred to governmental employees [A10136 Detail]

Download: New_York-2023-A10136-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10136

                   IN ASSEMBLY

                                       May 9, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
          read once and referred to the Committee on Governmental Employees

        AN ACT to amend the retirement and social security law, in  relation  to
          the  mandatory  age  of  the members of the town of Southampton police
          department

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision m of section 384-d of the retirement and social
     2  security  law, as amended by chapter 476 of the laws of 2015, is amended
     3  to read as follows:
     4    m. Notwithstanding any inconsistent provision  of  law,  if  the  town
     5  board  of  the  town  of Southampton elects to make the benefits of this
     6  section available to the members of its police department,  each  member
     7  of  such  department  shall be separated from service upon completion of
     8  twenty years of service, provided, however,  that  the  town  board  may
     9  permit  a  member  to  continue  in service on an annual basis after the
    10  completion of twenty years of service, but in no event shall such annual
    11  service be continued after a member has attained age sixty  unless  such
    12  member  has not attained twenty years of service, except however, that a
    13  member of such department who  holds  the  rank  of  chief  within  such
    14  department may be permitted by the town board to remain in service until
    15  such member has attained the age of sixty-five.
    16    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend subdivision m of Section 384-d of the Retirement
        and  Social  Security Law to allow a police officer employed by the Town
        of Southampton who holds the rank of chief to remain in  active  service
        until  attaining  age  65.  Currently,  such officers must separate from
        service after attaining age 60.
          If this bill is enacted during the  2024  Legislative  Session,  there
        could  be  additional  benefits for certain members who remain in active
        service beyond age 60, which would be  funded  by  the  normal  employer
        contributions.  If  such  members delay separation of service due to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15297-03-4
        A. 10136                            2

        enactment of this bill, we do not anticipate any increases in the annual
        contribution rates for the Town of Southampton.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        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, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          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 May 3, 2024, and intended for use only during the
        2024 Legislative Session, is Fiscal Note No. 2024-172, prepared  by  the
        Actuary for the New York State and Local Retirement System.