Bill Text: NY A08198 | 2009-2010 | General Assembly | Introduced
Bill Title: Permits certain public safety dispatchers, public safety telecommunicators and communication officers employed by the state, or a county or municipal 911 department to retire upon completion of 25 years of creditable service if such employer elects to provide this alternative.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A08198 Detail]
Download: New_York-2009-A08198-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8198
2009-2010 Regular Sessions
I N A S S E M B L Y
May 7, 2009
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
the retirement of state, county, municipal and affiliated employer 911
operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 89-x to read as follows:
3 S 89-X. OPTIONAL TWENTY-FIVE YEAR RETIREMENT PLAN FOR CERTAIN PUBLIC
4 SAFETY DISPATCHERS, PUBLIC SAFETY TELECOMMUNICATORS AND COMMUNICATIONS
5 OFFICERS EMPLOYED BY THE STATE, OR COUNTY OR MUNICIPAL 911 DEPARTMENTS
6 AND WHOSE EMPLOYER ELECTS TO PROVIDE SUCH PLAN. A. A MEMBER EMPLOYED BY
7 THE STATE, A COUNTY OR A MUNICIPALITY SHALL BE ELIGIBLE TO RETIRE PURSU-
8 ANT TO THE PROVISIONS OF THIS SECTION IF HIS OR HER EMPLOYER ELECTS TO
9 MAKE THE BENEFITS AUTHORIZED BY THIS SECTION AVAILABLE AS PROVIDED IN
10 SUBDIVISION J OF THIS SECTION, AND IF HE OR SHE IS A PUBLIC SAFETY
11 DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR OR A COMMUNICATIONS OFFICER
12 EMPLOYED BY THE STATE, OR IN A COUNTY OR MUNICIPAL 911 DEPARTMENT. SUCH
13 ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE ELIGIBILITY PROVISIONS AVAIL-
14 ABLE UNDER ANY OTHER PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS
15 SUBJECT. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO INCLUDE POSITIONS
16 WITHIN THE PROVISIONS OF THIS SECTION THAT COMPREHEND THE SAME DUTIES
17 AND RESPONSIBILITIES, BUT ARE NAMED DIFFERENTLY.
18 B. SUCH MEMBER SHALL BE ENTITLED TO RETIRE UPON THE COMPLETION OF
19 TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION
20 THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
21 C. UPON COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON
22 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER
23 WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
24 ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT AND AN
25 ADDITIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE
26 RESERVED-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06926-02-9
A. 8198 2
1 ENTITLED SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT
2 ALLOWANCE EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
3 D. AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
4 ALL SERVICES PERFORMED AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY
5 TELECOMMUNICATOR OR A COMMUNICATIONS OFFICER WHO IS EMPLOYED BY THE
6 STATE, OR A COUNTY OR A MUNICIPAL 911 DEPARTMENT.
7 E. CREDIT FOR SERVICE AS A MEMBER OR OFFICER OF THE STATE POLICE OR AS
8 A PAID FIREFIGHTER, POLICE OFFICER OR OFFICER OF ANY ORGANIZED FIRE
9 DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY, VILLAGE,
10 TOWN, FIRE DISTRICT OR POLICE DISTRICT, OR AS A CRIMINAL INVESTIGATOR IN
11 THE OFFICE OF A DISTRICT ATTORNEY, SHALL ALSO BE DEEMED TO BE CREDITABLE
12 SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE FOR
13 RETIREMENT PURSUANT TO THIS SECTION.
14 F. THE OFFICER OF THE STATE, OR CHIEF EXECUTIVE OFFICER OF A COUNTY OR
15 MUNICIPALITY THAT MAKES THE ELECTION PROVIDED FOR IN SUBDIVISION J OF
16 THIS SECTION SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY AND AT SUCH
17 INTERVALS OF TIME AS MAY BE REQUIRED OF HIM OR HER AND IN SUCH FASHION
18 AS MAY BE PRESCRIBED, THE IDENTITY OF MEMBERS IN ELIGIBLE TITLES AS
19 DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION.
20 G. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
21 RETIREMENT, MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF
22 TOTAL CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER
23 SIMILAR TO THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE. UPON
24 COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON RETIREMENT,
25 EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY
26 WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER ACCUMULATED
27 CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT AND AN ADDITIONAL
28 PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
29 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED SHALL BE SUFFI-
30 CIENT TO PROVIDE HIM OR HER WITH A RETIREMENT ALLOWANCE EQUAL TO
31 ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
32 H. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER
33 PURSUANT TO THIS SECTION, FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE
34 SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR
35 I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
36 TIME OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN THE SERVICE OF
37 THE COUNTY OF HIS OR HER EMPLOYER THAT MAKES THE ELECTION PROVIDED FOR
38 IN THIS SECTION.
39 I. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
40 DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
41 ING SERVICE WHICH IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
42 THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER
43 PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
44 J. (1) EACH EMPLOYER THAT ELECTS PURSUANT TO THE PROVISIONS OF THIS
45 SUBDIVISION SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
46 (2) THE BENEFITS OF THIS SECTION SHALL BE AVAILABLE ONLY TO THOSE
47 MEMBERS AS DEFINED IN SUBDIVISIONS A AND D OF THIS SECTION WHOSE EMPLOY-
48 ER ELECTS TO PROVIDE SUCH BENEFITS BY ADOPTING A RESOLUTION TO SUCH
49 EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER. SUCH
50 RESOLUTION MAY ALSO CONTAIN AN ELECTION THAT ANY PAST SERVICES COST BE
51 PAID OVER EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH RESOLUTION SHALL
52 BE ACCOMPANIED BY THE AFFIDAVIT OF THE OFFICER OF THE STATE MAKING AN
53 ELECTION PURSUANT TO THIS SUBDIVISION OR THE CHIEF EXECUTIVE OFFICER OF
54 THE COUNTY OR MUNICIPALITY THAT THE STATE, COUNTY OR MUNICIPALITY HAS
55 RECEIVED AN ESTIMATE FROM THE RETIREMENT SYSTEM OF THE COST OF THE BENE-
56 FIT PROVIDED BY THIS SECTION.
A. 8198 3
1 (3) SUCH RESOLUTION SHALL APPLY TO ALL MEMBERS DEFINED IN SUBDIVISIONS
2 A AND D OF THIS SECTION, EXCEPT THOSE ALREADY SUBJECT TO A RETIREMENT
3 PLAN WHICH PERMITS IMMEDIATE RETIREMENT WITH A BENEFIT UPON A SPECIFIED
4 PERIOD OF SERVICE OF TWENTY-FIVE YEARS OR LESS WITHOUT REGARD TO AGE.
5 K. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
6 ANY OTHER PROVISIONS IN THIS ARTICLE TO THE CONTRARY.
7 S 2. Subdivision a of section 445 of the retirement and social securi-
8 ty law, as amended by chapter 295 of the laws of 2007, is amended to
9 read as follows:
10 a. No member of a retirement system who is subject to the provisions
11 of this article shall retire without regard to age, exclusive of retire-
12 ment for disability, unless he OR SHE is a [policeman] POLICE OFFICER,
13 an investigator member of the New York city employees' retirement
14 system, [fireman] FIREFIGHTER, correction officer, a qualifying member
15 as defined in section eighty-nine-t, as added by chapter six hundred
16 fifty-seven of the laws of nineteen hundred ninety-eight, of this chap-
17 ter, sanitation [man] WORKER, a special officer (including persons
18 employed by the city of New York in the title urban park ranger or asso-
19 ciate urban park ranger), school safety agent, campus peace officer or a
20 taxi and limousine commission inspector member of the New York city
21 employees' retirement system or the New York city board of education
22 retirement system, a dispatcher member of the New York city employees'
23 retirement system, a police communications member of the New York city
24 employees' retirement system, an EMT member of the New York city employ-
25 ees' retirement system, a deputy sheriff member of the New York city
26 employees' retirement system, a correction officer of the Westchester
27 county correction department as defined in section eighty-nine-e of this
28 chapter or employed in Suffolk county as a peace officer, as defined in
29 section eighty-nine-s, as added by chapter five hundred eighty-eight of
30 the laws of nineteen hundred ninety-seven, of this chapter, employed in
31 Suffolk county as a correction officer, as defined in section eighty-
32 nine-f of this chapter, or employed in Nassau county as a correction
33 officer, uniformed correction division personnel, sheriff, undersheriff
34 or deputy sheriff, as defined in section eighty-nine-g of this chapter,
35 or employed in Nassau county as an ambulance medical technician, an
36 ambulance medical technician/supervisor or a member who performs ambu-
37 lance medical technician related services, as defined in section eight-
38 y-nine-s, as amended by chapter five hundred seventy-eight of the laws
39 of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
40 county as a peace officer, as defined in section eighty-nine-s, as added
41 by chapter five hundred ninety-five of the laws of nineteen hundred
42 ninety-seven, of this chapter, or employed in Albany county as a sher-
43 iff, undersheriff, deputy sheriff, correction officer or identification
44 officer, as defined in section eighty-nine-h of this chapter or is
45 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
46 iff or correction officer, as defined in section eighty-nine-i of this
47 chapter or is employed in Orleans county as a sheriff, undersheriff,
48 deputy sheriff or correction officer, as defined in section
49 eighty-nine-l of this chapter or is employed in Jefferson county as a
50 sheriff, undersheriff, deputy sheriff or correction officer, as defined
51 in section eighty-nine-j of this chapter or is employed in Onondaga
52 county as a deputy sheriff-jail division competitively appointed or as a
53 correction officer, as defined in section eighty-nine-k of this chapter
54 or is employed in a county which makes an election under subdivision j
55 of section eighty-nine-p of this chapter as a sheriff, undersheriff,
56 deputy sheriff or correction officer as defined in such section eighty-
A. 8198 4
1 nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
2 ty sheriff or correction officer, as defined in section eighty-nine-m of
3 this chapter or is a Monroe county deputy sheriff-court security, or
4 deputy sheriff-jailor as defined in section eighty-nine-n, as added by
5 chapter five hundred ninety-seven of the laws of nineteen hundred nine-
6 ty-one, of this chapter or is employed in Greene county as a sheriff,
7 undersheriff, deputy sheriff or correction officer, as defined in
8 section eighty-nine-o of this chapter or is a traffic officer with the
9 town of Elmira as defined in section eighty-nine-q of this chapter or is
10 employed by Suffolk county as a park police officer, as defined in
11 section eighty-nine-r of this chapter or is a peace officer employed by
12 a county probation department as defined in section eighty-nine-t, as
13 added by chapter six hundred three of the laws of nineteen hundred nine-
14 ty-eight, of this chapter or is employed in Rockland county as a deputy
15 sheriff-civil as defined in section eighty-nine-v of this chapter as
16 added by chapter four hundred forty-one of the laws of two thousand one,
17 or is employed in Rockland county as a superior correction officer as
18 defined in section eighty-nine-v of this chapter as added by chapter
19 five hundred fifty-six of the laws of two thousand one or is a paramedic
20 employed by the police department in the town of Tonawanda and retires
21 under the provisions of section eighty-nine-v of this chapter, as added
22 by chapter four hundred seventy-two of the laws of two thousand one, or
23 is a county fire marshal, supervising fire marshal, fire marshal,
24 assistant fire marshal, assistant chief fire marshal or chief fire
25 marshal employed by the county of Nassau as defined in section eighty-
26 nine-w of this chapter, OR IS EMPLOYED AS A PUBLIC SAFETY DISPATCHER,
27 PUBLIC SAFETY TELECOMMUNICATOR OR COMMUNICATIONS OFFICER EMPLOYED BY THE
28 STATE, OR A COUNTY OR MUNICIPAL 911 DEPARTMENT, AS DEFINED IN SECTION
29 EIGHTY-NINE-X OF THIS CHAPTER and is in a plan which permits immediate
30 retirement upon completion of a specified period of service without
31 regard to age. Except as provided in subdivision c of section four
32 hundred forty-five-a of this article, subdivision c of section four
33 hundred forty-five-b of this article, subdivision c of section four
34 hundred forty-five-c of this article, subdivision c of section four
35 hundred forty-five-d of this article, subdivision c of section four
36 hundred forty-five-e of this article, subdivision c of section four
37 hundred forty-five-f of this article and subdivision c of section four
38 hundred forty-five-h of this article, a member in such a plan and such
39 an occupation, other than a [policeman] POLICE OFFICER or investigator
40 member of the New York city employees' retirement system or a [fireman]
41 FIREFIGHTER, shall not be permitted to retire prior to the completion of
42 twenty-five years of credited service; provided, however, if such a
43 member in such an occupation is in a plan which permits retirement upon
44 completion of twenty years of service regardless of age, he OR SHE may
45 retire upon completion of twenty years of credited service and prior to
46 the completion of twenty-five years of service, but in such event the
47 benefit provided from funds other than those based on such a member's
48 own contributions shall not exceed two per centum of final average sala-
49 ry per each year of credited service.
50 S 3. Section 603 of the retirement and social security law is amended
51 by adding a new subdivision t to read as follows:
52 T. THE SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED
53 FOUR, SIX HUNDRED FOUR-C, AS ADDED BY CHAPTER NINETY-SIX OF THE LAWS OF
54 NINETEEN HUNDRED NINETY-FIVE, OR SIX HUNDRED FOUR-D OF THIS ARTICLE
55 SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE
56 SERVICE, WITHOUT REGARD TO AGE, WHO ARE EMPLOYED AS PUBLIC SAFETY
A. 8198 5
1 DISPATCHERS, PUBLIC SAFETY TELECOMMUNICATORS OR COMMUNICATIONS OFFICERS
2 EMPLOYED BY THE STATE, OR A COUNTY OR MUNICIPAL 911 DEPARTMENT, AS
3 DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER IF: (I) SUCH MEMBERS
4 HAVE MET THE MINIMUM SERVICE REQUIREMENTS UPON RETIREMENT, AND (II) IN
5 THE CASE OF A MEMBER SUBJECT TO THE PROVISIONS OF ARTICLE FOURTEEN OF
6 THIS CHAPTER, SUCH MEMBER FILES AN ELECTION THEREFOR WHICH PROVIDES THAT
7 HE OR SHE WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO NONE
8 OF THE PROVISIONS OF SUCH ARTICLE FOURTEEN. SUCH ELECTION, WHICH IS
9 IRREVOCABLE, SHALL BE IN WRITING, DULY EXECUTED AND SHALL BE FILED WITH
10 THE COMPTROLLER WITHIN ONE YEAR OF AN ELECTION HIS OR HER EMPLOYER MAKES
11 OR WITHIN ONE YEAR AFTER ENTERING THE EMPLOYMENT WITH SUCH COUNTY, MUNI-
12 CIPALITY OR EMPLOYER UPON WHICH ELIGIBILITY IS BASED, WHICHEVER COMES
13 LATER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "CREDITABLE
14 SERVICE" SHALL HAVE THE MEANING AS SO DEFINED IN SECTIONS EIGHTY-NINE-X
15 AND SIX HUNDRED ONE OF THIS CHAPTER.
16 S 4. Section 604 of the retirement and social security law is amended
17 by adding a new subdivision u to read as follows:
18 U. THE EARLY SERVICE RETIREMENT FOR A MEMBER WHO IS EMPLOYED BY THE
19 STATE, OR IN A COUNTY, MUNICIPALITY OR EMPLOYER THAT MAKES THE ELECTION
20 PROVIDED FOR IN SUBDIVISION J OF SECTION EIGHTY-NINE-X OF THIS CHAPTER
21 AS A PUBLIC SAFETY DISPATCHER, PUBLIC SAFETY TELECOMMUNICATOR OR COMMU-
22 NICATIONS OFFICER AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER
23 SHALL BE A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES
24 YEARS OF CREDITED SERVICE AT THE COMPLETION OF TWENTY-FIVE YEARS OF
25 SERVICE, BUT NOT EXCEEDING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
26 S 5. This act shall take effect on the first of January next succeed-
27 ing the date on which it shall have become a law; provided that the
28 amendments to sections 603 and 604 of the retirement and social security
29 law made by sections three and four of this act shall expire on the same
30 date as such sections expire pursuant to section 615 of such law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would permit certain public safety dispatchers, public safe-
ty telecommunicators and communication officers employed by the state,
or a county or municipal 911 department to retire upon completion of
twenty-five (25) years of creditable service if such employer elects to
provide this alternative. For all eligible Tier 3 officers who elect to
forfeit their benefits under Article 14 and all eligible Tier 1, 2 and 4
officers, the benefit upon retirement would be an allowance of one-half
final average salary. There would be no reduction due to early service
retirement for these members.
If this bill is enacted, we anticipate that there would be an esti-
mated increase in the annual contributions of the electing employers of
approximately 1.4% of the affected members' annual salaries for the
fiscal year ending March 31, 2010.
In addition to the annual contributions discussed above, there will be
an immediate past service cost for those members who become covered
under this alternative plan which would depend on the length of service,
age and salary of the members, as well as on their current plan. This
past service cost would be borne by the affected employer and could be
amortized over a five (5) or ten (10) year period if so elected by such
employer.
This estimate, dated February 2, 2009, and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-127
prepared by the Actuary for the New York State and Local Employees'
Retirement System.
