Bill Text: NY S07108 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to authorizing state university police, regional state park police and detective investigators for the office of the attorney general to receive additional service credit in an optional twenty year retirement plan.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-03-25 - PRINT NUMBER 7108B [S07108 Detail]

Download: New_York-2023-S07108-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7108

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen.  THOMAS -- 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
          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.
    15    To  obtain such credit a member shall  pay such retirement system, for
    16  deposit in the fund used to accumulate  employer  contributions,  a  sum
    17  equal  to  the  product  of the number of years of service being claimed
    18  and three percent of such member's compensation earned during the twelve
    19  months of credited  service  immediately  preceding  the date  that  the
    20  member made application for credit pursuant to this section.
    21    e.  Notwithstanding  any  other provision of law to the contrary, upon
    22  completion of twenty years of service, and upon  retirement,  each  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11184-02-3

        S. 7108                             2

     1  member  who  was previously credited with service credit in the New York
     2  state and local employees' retirement system or the New York  state  and
     3  local  police  and fire retirement system as an officer or member of the
     4  regional  state park police department may receive for each such year of
     5  previous service, up to a total of no greater than five years of  previ-
     6  ous  service,  additional  pension  equal  to one-sixtieth of his or her
     7  final average salary.
     8    To obtain such credit a member shall  pay such retirement system,  for
     9  deposit  in  the  fund  used to accumulate employer contributions, a sum
    10  equal to the product of the number of years  of  service  being  claimed
    11  and three percent of such member's compensation earned during the twelve
    12  months  of credited   service  immediately  preceding  the date that the
    13  member made application for credit pursuant to this section.
    14    f. Notwithstanding  any  other provision of law to the contrary,  upon
    15  completion  of twenty years of service, and upon  retirement,  each such
    16  member  who  was previously credited with service credit in the New York
    17  state and local employees' retirement system as a  special  investigator
    18  employed  in  the  office of the attorney general may receive  for  each
    19  such  year of previous service, up to a total of no  greater  than  five
    20  years of previous service, additional pension equal to  one-sixtieth  of
    21  his  or her final average salary.
    22    To  obtain such credit a member shall  pay such retirement system, for
    23  deposit in the fund used to accumulate  employer  contributions,  a  sum
    24  equal  to  the  product  of the number of years of service being claimed
    25  and three percent of such member's compensation earned during the twelve
    26  months of credited  service  immediately  preceding  the date  that  the
    27  member made application for credit pursuant to this section.
    28    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow up to five years of previous service rendered as
        a  police  officer  with  either  the  State  University  of New York or
        Regional State Park Police Department or as a  special  investigator  in
        the  Office  of the New York State Attorney General to become creditable
        under section 384-e of the Retirement  and  Social  Security  Law.  Upon
        completion  of  twenty years of service and upon retirement, an affected
        member would receive an additional  pension  of  one-sixtieth  of  their
        final  average  salary  for each such additional year credited. Affected
        members would be required to contribute an amount equal to three percent
        of their prior twelve months of compensation for each  year  of  service
        credit claimed.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will  be  a  past service cost averaging 13.7% of an
        affected member's compensation for each year of additional service cred-
        it granted. All costs would be shared by the State of New York  and  the
        local 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:
          Membership data as of March 31, 2022 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2020,
        2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-

        S. 7108                             3

        tions,  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, 2022
        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 16, 2023, and intended for  use  only  during
        the  2023  Legislative Session, is Fiscal Note No. 2023-157, prepared by
        the Actuary for the New York State and Local Retirement System.
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