NY State Senate Bill 2009-S5390

Senate Bill S5390

2009-2010 Legislative Session

Allows members of organized units of Suffolk county correction officers to transfer service credit from any New York state and local retirement system up to 7 years

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 27, 2009	referred to civil service and pensions

co-Sponsors

2009-S5390 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §89-f, R & SS L
Versions Introduced in 2011-2012 Legislative Session:: S5382

2009-S5390 (ACTIVE) - Summary

Allows members of organized units of Suffolk county correction officers to transfer service credit from any New York state and local retirement system up to 7 years.

2009-S5390 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5390

 TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
allowing members of organized units of Suffolk county correction
officers to transfer service credit from any New York state and local
retirement system up to seven years


 PURPOSE OR GENERAL IDEA OF BILL :

Allows the transfer of service credit from any New York state and
local retirement system up to seven years.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision d of §89-f of the Retirement
& Social Security Law.
Section 2. Subdivision f of §89-f of the Retirement & Social Security
Law is amended.

 JUSTIFICATION :

All county correction officers and deputy sheriff-jailers with prior
service in any New York State Retirement System should be allowed to

credit such prior time up to a maximum of seven years toward their
retirement. Presently, county correction officers and deputy
sheriff-jailers are not allowed to transfer prior service from within
the same retirement system or another retirement system when they
simply move or transfer from one position to another. Working as a
county correction officer or deputy sheriff-jailer is one of the most
difficult and dangerous jobs.

On a daily basis, these officers are placed in stressful situations
having to face assaults by inmates, verbal abuse, having bodily fluids
thrown at them, threats to themselves and their families - these are
only a few of the inherent dangers they face. Coupled with shift
differentials, working holidays and weekends and mandatory overtime,
the sacrifices made for their jobs have a detrimental effect on their
personal lives.

Therefore, it is only equitable that county correction officers and
deputy sheriff-jailers should be allowed prior service credit from any
New York State Retirement System (up to a maximum of seven years)
credited to the aggregate total of service time necessary for their
retirement plan.

 PRIOR LEGISLATIVE HISTORY :

2007-08: A.6165A Governmental Employees Cmte./S.3413A Civil Service
and Pensions Cmte.
2005-06: A.6218-A (Abbate)/S.3151-A (Flanagan)
2003-04: A.11460 Rules (Abbate)/S.7429 (Flanagan)

 FISCAL IMPLICATIONS :

See fiscal note appended to legislation.

 EFFECTIVE DATE :
Immediately.

2009-S5390 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5390

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. FLANAGAN, VOLKER -- 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
  allowing members of organized units of Suffolk county correction offi-
  cers  to  transfer  service  credit  from any New York state and local
  retirement system up to seven years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision d of section 89-f of the retirement and social
security law, as added by chapter 591 of  the  laws  of  1988  and  such
section  as renumbered by chapter 771 of the laws of 1988, is amended to
read as follows:
  d. As used in this section "creditable service" shall include (I)  any
and  all services performed as a correction officer of Suffolk county OR
(II) ANY SERVICE DESCRIBED IN SUBDIVISION F OF THIS SECTION.
  S 2. Subdivision f of section 89-f of the retirement and social  secu-
rity  law, as added by chapter 591 of the laws of 1988, such subdivision
as relettered by chapter 543 of the laws of 1992, and  such  section  as
renumbered  by  chapter  771  of the laws of 1988, is amended to read as
follows:
  f. Credit for service as a member [or officer of the state  police  or
as a paid fireman, policeman or officer of any organized fire department
or  police  force or department of any county, city, village, town, fire
district or police district, or as a criminal investigator in the office
of a district attorney, provided that service as such investigator shall
have been rendered prior to January first, nineteen hundred  sixty  and]
OF  ANY  NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM, NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,  NEW
YORK  CITY POLICE AND FIRE RETIREMENT SYSTEM AND THE NEW YORK CITY BOARD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06522-02-9

S. 5390                             2

OF EDUCATION RETIREMENT SYSTEM that credit  therefor  shall  not  exceed
[five]  SEVEN  years,  shall also be deemed to be creditable service and
shall be included in computing years of  total  service  for  retirement
pursuant  to  this  section,  provided such service was performed by the
member while contributing to  the  retirement  system  pursuant  to  the
provisions of this article or article eight of this chapter.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow Suffolk County correction officers to be credited
with  up  to  seven  (7)  years  of non-correction officer service under
Suffolk County's twenty-five (25) year half-pay retirement plan, Section
89-f.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $9.17 million which will be borne  by
Suffolk County as a onetime payment. This coat assumes a payment date of
February 1, 2010.
  These estimated costs are based on 828 Suffolk County correction offi-
cers  having  a total estimated annual salary for the fiscal year ending
March 31, 2009 of approximately $72 million.
  This estimate, dated April 27, 2009 and intended for use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-229, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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Senate Bill S5390

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Sponsored By

John J. Flanagan