NY State Senate Bill 2009-S3166

Senate Bill S3166

2009-2010 Legislative Session

Allows peace officers employed by the NYSUCS to retire without benefit reduction due to early retirement upon attainment of age 50 and 25 years of service

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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
Mar 12, 2009	referred to civil service and pensions

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2009-S3166 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§75-h, 442, 503 & 603, R & SS L

2009-S3166 (ACTIVE) - Summary

Allows peace officers employed by the unified court system to retire without benefit reduction due to early retirement upon attainment of age 50 and completion of 25 years of service.

2009-S3166 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3166

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
service retirement benefits for peace officers employed by the unified
court system


 PURPOSE :
This bill would provide for a 25-year retirement plan for peace
officers employed by the Unified Court System (UCS) and who are 50
years of age.

 SUMMARY OF PROVISIONS :
Section 1 - Amends Section 75-h of the RSSL, to provide for a 25-year
benefit at age 50 for peace officers employed by the USC. These
employees are covered under Tier 1.

Section 2 - Amends paragraph 1 of section 442 of the RSSL, to remove
peace officers of the USC.

Section 3 - Amends Subdivision b of Section 442 of the RSSL by adding
a new paragraph 2, to provide for a 25-year retirement benefit at age
50 for peace officers of the USC.

Section 4 - Amends Subdivision a of Section 503 of the RSSL to provide

that a general member who is a peace officer employed by UCS may
retire after 25 years of service at age 50.

Section 5 - Amends Subdivision a of Section 603 of the RSSL, to allow
a member who is a peace officer employed by USC to retire at age 50
after 25 years of service.

Section 6 - Attributable Costs.

Section 7 - Effective Date.

 JUSTIFICATION :
The Peace Officers, employed by the United Court System, are involved
in daily contact with dangerous criminals, As such, they are forced to
deal with a very stressful and tension-filled environment. In light of
the dangerous nature of their employment, it is just reward to allow
them to retire after providing 25 years of dedicated service.

 PRIOR LEGISLATIVE HISTORY :
A.7195 of 2003-04 Session - Referred to Governmental Employees
A.5952 of 2005-06 Session - Referred to Governmental Employees
A.6173A of 2008 Session - Referred to Governmental Employees

 FISCAL IMPLICATIONS :
See attached.

 EFFECTIVE DATE :
Immediately.

2009-S3166 (ACTIVE) - Bill Text download pdf

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

                                  3166

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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
  service retirement benefits for peace officers employed by the unified
  court system

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

  Section 1. Section 75-h of the retirement and social security  law  is
amended by adding a new subdivision h to read as follows:
  H.  A  MEMBER  WHO  IS  A  PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS  OR  HER  RETIREMENT  BENEFIT
UPON HIS OR HER ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 2. Paragraph 1 of subdivision b of section 442 of the retirement and
social  security  law, as amended by chapter 306 of the laws of 1996, is
amended to read as follows:
  1. A member who is [a peace officer  employed  by  the  unified  court
system  or] a member of a teacher's retirement system or a member of the
New York state and local employees' retirement system may retire without
reduction of his OR HER retirement benefit upon his OR HER attainment of
at least fifty-five years of age and completion of thirty or more  years
of service; and
  S 3. Subdivision b of section 442 of the retirement and social securi-
ty law is amended by adding a new paragraph 5 to read as follows:
  5.  A  MEMBER  WHO  IS  A  PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS  OR  HER  RETIREMENT  BENEFIT
UPON HIS OR HER ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION
OF TWENTY-FIVE YEARS OF SERVICE.
  S 4. Subdivision a of section 503 of the retirement and social securi-
ty  law,  as  amended  by chapter 662 of the laws of 1988, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07029-01-9

S. 3166                             2

  a. The normal service retirement benefit  specified  in  section  five
hundred  four OF THIS ARTICLE shall be payable to general members, other
than elective members, who have met  the  minimum  service  requirements
upon  retirement  and  attainment of age sixty-two, provided, however, a
general  member  who  is  a [peace officer employed by the unified court
system or a] member of a teachers' retirement system may retire  without
reduction  of  his or her retirement benefit upon attainment of at least
fifty-five years of age and  completion  of  thirty  or  more  years  of
service  AND  A  GENERAL  MEMBER  WHO IS A PEACE OFFICER EMPLOYED BY THE
UNIFIED COURT SYSTEM MAY RETIRE WITHOUT REDUCTION OF HIS OR HER  RETIRE-
MENT  BENEFIT  UPON  ATTAINMENT  OF  AT  LEAST  FIFTY  YEARS  OF AGE AND
COMPLETION OF TWENTY-FIVE OR MORE YEARS OF SERVICE.
  S 5. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by section 3 of chapter 19 of the laws  of  2008,  is
amended to read as follows:
  a.  The  service  retirement  benefit specified in section six hundred
four of this article shall be payable to members who have met the  mini-
mum  service  requirements  upon retirement and attainment of age sixty-
two, other than members who are eligible for  early  service  retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d  of  section  six  hundred  four-d  of  this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c  of  section  six  hundred
four-g  of  this article, subdivision c of section six hundred four-h of
this article or subdivision c of section  six  hundred  four-i  of  this
article,  provided, however, a member who is a peace officer employed by
the unified court system or a member of a teachers' retirement system or
the New York state and local employees'  retirement  system  may  retire
without reduction of his or her retirement benefit upon attainment of at
least  fifty-five years of age and completion of thirty or more years of
service.  A MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED  COURT
SYSTEM  MAY  RETIRE WITHOUT A REDUCTION OF HIS OR HER RETIREMENT BENEFIT
UPON ATTAINMENT OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION  OF  TWEN-
TY-FIVE YEARS OF SERVICE.
  S 6. Subdivision a of section 603 of the retirement and social securi-
ty  law, as amended by section 3-a of chapter 19 of the laws of 2008, is
amended to read as follows:
  a. The service retirement benefit specified  in  section  six  hundred
four  of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment  of  age  sixty-
two,  other  than  members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred  four-d  of  this  article,  subdivision  c  of
section six hundred four-e of this article, subdivision c of section six
hundred  four-f  of  this  article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred  four-h  of
this  article  or  subdivision  c  of section six hundred four-i of this
article provided, however, a member who is a peace officer  employed  by
the unified court system or a member of a teachers' retirement system or
the  New  York  state  and local employees' retirement system may retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-five years of age and completion of thirty or more years  of
service.   A MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
SYSTEM MAY RETIRE WITHOUT A REDUCTION OF HIS OR HER  RETIREMENT  BENEFIT

S. 3166                             3

UPON  ATTAINMENT  OF AT LEAST FIFTY YEARS OF AGE AND COMPLETION OF TWEN-
TY-FIVE YEARS OF SERVICE.
  S 7. The cost attributable to the operation of this act shall be borne
by the unified court system.
  S  8.  This  act shall take effect immediately; provided, however, the
amendments to sections 503 and 603 of the retirement and social security
law, made by sections four, five and six of this act, shall  not  affect
the  expiration  of  such  sections and shall expire on the same date as
article 15 of such law expires pursuant to section 615 of the retirement
and social security law;  provided,  further,  that  the  amendments  to
subdivision  a  of section 603 of the retirement and social security law
made by section five of this act shall be subject to the expiration  and
reversion  of  such subdivision pursuant to section 13 of chapter 682 of
the laws of 2003, as amended, when upon  such  date  the  provisions  of
section six of this act shall take effect.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  Peace Officers employed by the Unified Court
System to retire without benefit reduction due to early retirement  upon
the  attainment of age fifty (50) and completion of at least twenty-five
(25) years of service.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately  $9.4 million in the annual contributions of the State
of New York, on behalf of the Unified Court System for the  fiscal  year
ending March 31, 2010.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $57.7 million which
would be borne by the State of New York as a  one-time  payment.    This
estimate  is based on the assumption  that payment will be made on March
1, 2010.
  These estimated costs are based on six thousand  one  hundred  thirty-
eight  (6,138)  known  affected officers having a total estimated annual
salary for the fiscal year ending March 31, 2009 of  approximately  $444
million.
  This  estimate,  dated  December  31,  2008  and intended for use only
during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-80,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

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Senate Bill S3166

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Sponsored By

Diane J. Savino