Bill Text: NY S05109 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to authorizing certain persons in an optional twenty year retirement plan for state university police officer service, regional state park police and special investigators for the office of the attorney general.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-03 - PRINT NUMBER 5109D [S05109 Detail]

Download: New_York-2021-S05109-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5109--D

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Civil Service and Pensions in accordance with Senate Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the retirement and social security law, in  relation  to
          authorizing certain persons in an optional twenty year retirement plan
          for  state  university  police  officer  service,  regional state park
          police and special investigators for the office of the attorney gener-
          al

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

     1    Section  1. Section 384-e of the retirement and social security law is
     2  amended by adding three new subdivisions d, e and f to read as follows:
     3    d. Notwithstanding any other provision of law to  the  contrary,  upon
     4  completion  of  twenty  years of service, and upon retirement, each such
     5  member who was previously credited with service credit in the  New  York
     6  state  and  local employees' retirement system or the New York state and
     7  local police and fire retirement system as an officer appointed  by  the
     8  state  university  pursuant to paragraph l of subdivision two of section
     9  three hundred fifty-five of the education law and who  has  successfully
    10  completed  a  course  of  law  enforcement  training as provided in such
    11  section of the education law may receive for each such year of  previous
    12  service,  up  to  a  total  of  no  greater  than five years of previous
    13  service, additional pension equal to one-sixtieth of his  or  her  final
    14  average salary.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03597-17-2

        S. 5109--D                          2

     1    To  obtain such credit a member shall  pay such retirement system, for
     2  deposit in the fund used to accumulate  employer  contributions,  a  sum
     3  equal  to  the  product  of the number of years of service being claimed
     4  and three percent of such member's compensation earned during the twelve
     5  months  of credited   service  immediately  preceding  the date that the
     6  member made application for credit pursuant to this section.
     7    e. Notwithstanding any other provision of law to  the  contrary,  upon
     8  completion  of  twenty  years of service, and upon retirement, each such
     9  member who was previously credited with service credit in the  New  York
    10  state  and  local employees' retirement system or the New York state and
    11  local police and fire retirement system as an officer or member  of  the
    12  regional  state park police department may receive for each such year of
    13  previous service, up to a total of no greater than five years of  previ-
    14  ous  service,  additional  pension  equal  to one-sixtieth of his or her
    15  final average salary.
    16    To obtain such credit a member shall  pay such retirement system,  for
    17  deposit  in  the  fund  used to accumulate employer contributions, a sum
    18  equal to the product of the number of years  of  service  being  claimed
    19  and three percent of such member's compensation earned during the twelve
    20  months  of credited   service  immediately  preceding  the date that the
    21  member made application for credit pursuant to this section.
    22    f. Notwithstanding  any  other provision of law to the contrary,  upon
    23  completion  of twenty years of service, and upon  retirement,  each such
    24  member  who  was previously credited with service credit in the New York
    25  state and local employees' retirement system as a  special  investigator
    26  employed  in  the  office of the attorney general may receive  for  each
    27  such  year of previous service, up to a total of no  greater  than  five
    28  years of previous service, additional pension equal to  one-sixtieth  of
    29  his  or her final average salary.
    30    To  obtain such credit a member shall  pay such retirement system, for
    31  deposit in the fund used to accumulate  employer  contributions,  a  sum
    32  equal  to  the  product  of the number of years of service being claimed
    33  and three percent of such member's compensation earned during the twelve
    34  months of credited  service  immediately  preceding  the date  that  the
    35  member made application for credit pursuant to this section.
    36    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  up  to  5  years  of previous service credit
        rendered as a SUNY Police officer or as a  Regional  State  Park  Police
        officer  or  as  a  special  investigator  in the office of the attorney
        general to become creditable service under Section 384-e of the  Retire-
        ment  and  Social  Security  Law. Upon completion of 20 years of service
        credit and upon retirement, an affected member would  receive  an  addi-
        tional  pension  of  one  sixtieth of final average salary for each such
        additional year credited.  The member would be required to contribute an
        amount equal to 3% of the prior 12 months of compensation for each  year
        of service credit claimed.
          If  this bill is enacted during the 2022 legislative session, we esti-
        mate that there will be a past service cost averaging 13.7% of  affected
        members' compensation for each year of additional service credit granted
        by this bill. All costs would be shared by the State of New York and the
        participating  employers in the New York State and Local Police and Fire
        Retirement System.
          The exact number of current members as  well  as  future  members  who
        could be affected by this legislation cannot be readily determined.
          Summary of relevant resources:

        S. 5109--D                          3

          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 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, 2021
        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 2, 2022, and intended for use only during the
        2022  Legislative  Session, is Fiscal Note No. 2022-131, prepared by the
        Actuary for the New York State and Local Retirement System.
feedback