NY State Senate Bill 2011-S5383

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to civil service and pensions
May 16, 2011	referred to civil service and pensions

2011-S5383 (ACTIVE) - Details

See Assembly Version of this Bill:: A7990
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 2009-2010 Legislative Session:: S5391

2011-S5383 (ACTIVE) - Summary

Authorizes Suffolk county correction officers to transfer certain retirement service credit.

2011-S5383 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5383

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 earned for service with the New York state department of mental
hygiene

PURPOSE OR GENERAL IDEA OF BILL:

This bill would permit peace officers employed by the NYS Department
of Mental Hygiene between 1984 and 1990 to transfer pension credit
earned with the NYS Retirement System to the Retirement & Social
Security Law §69-f pension plan established for Suffolk County
Correction Officers.

SUMMARY OF SPECIFIC PROVISIONS:

The bill amends §89-f of the Retirement & Social Security Law (RSSL)
to permit the credit transfer described above.

JUSTIFICATION:

Several former NYS Correction Officers affected by the closing of NYS
correctional facilities in Brentwood and elsewhere were re-employed
off civil service preferred lists as special officers at the Pilgrim
State psychiatric Center in Suffolk County. These officers
subsequently left service at Pilgrim and were employed as Suffolk
County Correction Officers eligible to retire after twenty-five years
of service under RSSL §89-f. These officers have served years of
unbroken service as peace officers and special officers and should be
entitled to retire after twenty-five years of such service.

These individuals performed many of the duties of police and
firefighters entitled to transfer credit to §89-f during their
employment in the civil service title, Safety and Security Officer,
Grade 12. In fact, their duties were far more hazardous and stressful
than those of some other titles that have been granted the ability to
transfer "up front" credit toward a twenty-five year retirement under
§89-f. Despite this, the retirement system ruled In the Matter of the
Application of Salvatore Canzoneri (2006) He. No. 04-565, that the
existing provisions of RSSL §89-f did not permit this transfer of
credit
because the specific job title had been omitted regardless of the
whether the duties performed were peace officer duties. This bill
corrects the injustice of that decision for a small number of
affected employees.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.5391 Civil Service and Pensions Cmte.
2007-08: Senate Civil Service and Pensions Cmte./Assembly Governmental
Employees Cmte.


FISCAL IMPLICATIONS:

See fiscal note appended to bill.

EFFECTIVE DATE:

Immediately.

2011-S5383 (ACTIVE) - Bill Text download pdf

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

                                  5383

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 earned for service with the New York  state  depart-
  ment of mental hygiene

  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, as relettered  by
chapter  543 of the laws of 1992 and such section as renumbered by chap-
ter 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
that credit therefor shall not exceed five years, OR  AS  A  SAFETY  AND
SECURITY OFFICER, GRADE TWELVE EMPLOYED BY THE NEW YORK STATE DEPARTMENT
OF  MENTAL  HYGIENE, PROVIDED HOWEVER THAT SUCH SERVICE OCCURRED BETWEEN
JANUARY FIRST, NINETEEN HUNDRED EIGHTY-FOUR AND  DECEMBER  THIRTY-FIRST,
NINETEEN  HUNDRED  NINETY AND SHALL NOT EXCEED FIVE YEARS, shall also be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10812-02-1

S. 5383                             2

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.--This bill will allow Suffolk County correction  officers
to  be credited with up to five (5) years of safety and security officer
service with the New York State department  of  mental  hygiene  between
January  1,  1984  and December 31, 1990, under Suffolk County's Section
89-f twenty-five (25) year half-pay retirement plan.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $1.18 million which will be borne  by
Suffolk  County  as a one-time payment. This cost assumes a payment date
of February 1, 2012.
  These  estimated  costs  are  based  on  27  affected  Suffolk  County
correction  officers  having  a  total  estimated  annual salary for the
fiscal year ending March 31, 2011 of approximately $3.0 million.
  This estimate, dated April 26, 2011, and intended for use only  during
the  2011  Legislative Session, is Fiscal Note No. 2011-170, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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Senate Bill S5383

Sponsored By

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

2011-S5383 (ACTIVE) - Details

2011-S5383 (ACTIVE) - Summary

2011-S5383 (ACTIVE) - Sponsor Memo

2011-S5383 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5383

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Sponsored By

John J. Flanagan

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

2011-S5383 (ACTIVE) - Details

2011-S5383 (ACTIVE) - Summary

2011-S5383 (ACTIVE) - Sponsor Memo

2011-S5383 (ACTIVE) - Bill Text download pdf

Comments