S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1831--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- 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  commit-
   tee
 
 AN ACT to amend the civil service law, in relation to increasing the age
   of  eligibility  for  provisional  or permanent appointment of certain
   police officers from thirty-five to forty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 1 of section 58 of the civil
 service law, as amended by chapter 244 of the laws of 2013,  is  amended
 to read as follows:
   (a) [he or she] SUCH PERSON is not less than twenty years of age as of
 the  date  of appointment nor more than [thirty-five] FORTY years of age
 as of the  date  when  the  applicant  takes  the  written  examination,
 provided  that  the maximum age requirement of [thirty-five] FORTY years
 of age as set forth in this paragraph shall not apply to eligible  lists
 finalized  pursuant  to an examination administered prior to May thirty-
 first, nineteen hundred ninety-nine or a police officer in  the  depart-
 ment of environmental conservation, provided, however, that:
   (i)  time spent on military duty or on terminal leave, not exceeding a
 total of six years, shall be subtracted from the age  of  any  applicant
 who  has  passed  [his or her] THEIR [thirty-fifth] FORTIETH birthday as
 provided in subdivision ten-a of section two hundred forty-three of  the
 military law;
   (ii)  such  maximum age requirement of [thirty-five] FORTY years shall
 not apply to any police officer as defined in subdivision thirty-four of
 section 1.20  of  the  criminal  procedure  law,  who  was  continuously
 employed  by  the  Buffalo  municipal  housing authority between January
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05590-02-4
              

 S. 1831--A                          2
 
 first, two thousand five and June thirtieth, two thousand five  and  who
 takes  the  next  written  exam offered after the effective date of this
 subparagraph by the city of Buffalo civil service commission for employ-
 ment  as  a  police officer in the city of Buffalo police department, or
 June thirtieth, two thousand six, whichever is later; and
   (iii) such maximum age requirement of [thirty-five] FORTY years  shall
 not  apply  to  any  police officer of any county, town, city or village
 police force not otherwise provided for in this section if the  eligible
 list  has  been  exhausted  and  there are no other eligible candidates;
 provided, however, the police officer themselves  are  on  the  eligible
 list  of  such county, town, city or village and meet all other require-
 ments of merit and fitness set forth by this chapter and do  not  exceed
 the maximum age of [thirty-nine] FORTY-FOUR;
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend the Civil Service Law to increase the maximum
 age for appointment in the competitive class of the civil service  as  a
 police officer of the department of environmental conservation or of any
 police  force  or  police department of any county, city, town, village,
 housing authority or police district to forty years of  age.  Currently,
 the  maximum  age  for  appointment  into these positions is thirty-five
 years of age.
   If this bill is enacted during the 2024  Legislative  Session,  it  is
 anticipated that there would be a broader group of eligible police offi-
 cers  to  become covered in the New York State and Local Police and Fire
 Retirement System (NYSLPFRS). These members would accrue  benefits  that
 would  be  funded  by  the  normal employer contributions, and we do not
 anticipate any increases in the annual contribution rates for any of the
 participating employers in the NYSLPFRS.
   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 March 22, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-136,  prepared  by
 the Actuary for the New York State and Local Retirement System.