S T A T E O F N E W Y O R K
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7862--A
2013-2014 Regular Sessions
I N A S S E M B L Y
June 6, 2013
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- ordered to a third reading -- committed
to the Committee on Governmental Employees -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the retirement and social security law and the civil
service law, in relation to university police officers appointed by
the state university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 302 of the retirement and social
security law is amended by adding a new paragraph i to read as follows:
I. SERVICE AS A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE
UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
S 2. Subdivision d of section 375-f of the retirement and social secu-
rity law, as separately amended by chapters 674 and 677 of the laws of
1986, is amended to read as follows:
d. In addition to the retirement allowance provided pursuant to the
plans set forth in sections three hundred eighty-three, three hundred
eighty-three-a [and], three hundred eighty-three-b AND THREE HUNDRED
EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY such
plan who retires on or after April first, nineteen hundred sixty-nine
with more than twenty-five years of total service shall be entitled to
receive, in addition to the benefits provided pursuant to [either] ANY
such section and notwithstanding the limitations of [either] ANY such
section, an additional retirement allowance for such years of service
rendered in excess of twenty-five. The additional retirement allowance
for such additional years of service shall be computed as if such member
had been eligible to have his retirement allowance computed pursuant to
the provisions of subdivision b of section three hundred seventy-five-c
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11315-03-4
A. 7862--A 2
and of paragraph one of subdivision a of section three hundred seventy-
five-d of this [chapter] TITLE.
S 3. The retirement and social security law is amended by adding a new
section 383-d to read as follows:
S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE
TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE
ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE WITH THIS
SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED TO THE
AMOUNT OF SERVICE WHICH WOULD HAVE BEEN DEEMED CREDITABLE HAD SUCH
MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING THE COURSE OF HIS OR HER
MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO.
APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN. THE PROVISIONS
OF SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY
MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
TY WHO ELECTS OR IS REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL
CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
2. ATTAINMENT OF AGE SIXTY AS A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL
CREDITABLE SERVICE NOT IN EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
TROLLER.
D. EVERY EMPLOYEE ENTERING OR RE-ENTERING SERVICE AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
FOR BY THIS SECTION.
E. A MEMBER WHO IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS
SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR-
TION OF HIS OR HER COMPENSATION SIMILARLY DETERMINED. SUCH LATTER
PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
FIRST BECOME ELIGIBLE FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY
EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE
OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
CONTRIBUTION PURSUANT TO THIS SECTION SHALL BE APPROPRIATELY REDUCED
PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH
PERIOD OF TIME AS HIS OR HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH
MEMBER SHALL BE REQUIRED TO CONTINUE CONTRIBUTIONS AFTER COMPLETING
TWENTY-FIVE YEARS OF SUCH SERVICE.
F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
A. 7862--A 3
FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
SIXTY BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT
PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
3. AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE
SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
THREE OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
ARTICLE. THIS PENSION SHALL:
(I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY FOR
WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
(II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE
ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
ITY SHALL BE COMPUTED AS IT WOULD BE:
(A) IF NOT REDUCED BY THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
LOAN, AND
(B) IF NOT INCREASED BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
CONTRIBUTIONS, AND
(C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY
THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
G. THE INCREASED PENSIONS TO A UNIVERSITY POLICE OFFICER IN THE
SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
MEMBERS. THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
BENEFITS PROVIDED UNDER THIS SECTION. SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
THE ANNUAL APPROPRIATION OF THE STATE FOR THE STATE UNIVERSITY. SUCH
AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
H. IN COMPUTING THE TWENTY-FIVE YEARS OF COMPLETED SERVICE OF A
UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO
THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW-
ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
A. 7862--A 4
THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-EIGHT.
I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D, E OR I OF THIS
SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING
UNIT DESIGNATED AS THE AGENCY POLICE SERVICES UNIT AND ESTABLISHED
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS
ELECTED OR IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, ELECT TO
COME UNDER THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE
COMPTROLLER.
K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
SHALL MAKE CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST
SERVICE LIABILITY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS
SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY.
SUCH CONTRIBUTIONS MAY, AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
OVER A TEN YEAR PERIOD.
S 4. No employee contributions made to the New York state and local
employees' retirement system by any state university police officer who
elects to transfer pursuant to this act shall be returned to such offi-
cer. Such employee contributions shall be used to offset any past
service costs incurred by operation of the provisions of this act.
S 5. Notwithstanding subdivision h of section 343 of the retirement
and social security law, the provisions of subdivisions c and d of
section 343 of the retirement and social security law shall apply and
the employer contributions reserve shall be transferred from the appro-
priate fund or funds of the New York state and local employees' retire-
ment system to the New York state and local police and fire retirement
system.
S 6. Subdivision 3 of section 58 of the civil service law, as amended
by chapter 244 of the laws of 2013, is amended to read as follows:
3. As used in this section, the term "police officer" means a police
officer in the department of environmental conservation, THE STATE
UNIVERSITY POLICE, a member of the regional state park police or a
police force, police department, or other organization of a county,
city, town, village, housing authority, transit authority or police
district, who is responsible for the prevention and detection of crime
and the enforcement of the general criminal laws of the state, but shall
not include any person serving as such solely by virtue of his or her
occupying any other office or position, nor shall such term include a
sheriff, under-sheriff, commissioner of police, deputy or assistant
commissioner of police, chief of police, deputy or assistant chief of
police or any person having an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
S 7. Paragraphs (a) and (b) of subdivision 4 of section 58 of the
civil service law, as amended by chapter 244 of the laws of 2013, are
amended to read as follows:
(a) Any person who has received provisional or permanent appointment
in the competitive class of the civil service as a police officer of the
regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
department of environmental conservation or any police force or police
department of any county, city, town, village, housing authority, trans-
it authority or police district shall be eligible to resign from any
A. 7862--A 5
police force or police department, and to be appointed as a police offi-
cer in the same or any other police force or police department without
satisfying the age requirements set forth in paragraph (a) of subdivi-
sion one of this section at the time of such second or subsequent
appointment, provided such second or subsequent appointment occurs with-
in thirty days of the date of resignation.
(b) Any person who has received permanent appointment in the compet-
itive class of the civil service as a police officer of the regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
ment of environmental conservation or any police force or police depart-
ment of any county, city, town, village, housing authority, transit
authority or police district shall be eligible to resign from any police
force or police department and, subject to such civil service rules as
may be applicable, shall be eligible for reinstatement in the same
police force or police department or in any other police force or police
department to which he or she was eligible for transfer, without satis-
fying the age requirements set forth in paragraph (a) of subdivision one
of this section at the time of such reinstatement, provided such rein-
statement occurs within one year of the date of resignation.
S 8. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow State University Police Officers to elect to
transfer to the New York State and Local Police and Fire Retirement
System and to be covered by the provisions of a new twenty-five (25)
year half pay retirement plan, with additional one-sixtieths of final
average salary for each year of service in excess of twenty-five (25)
years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
members, the additional one-sixtieths can not exceed seven (7) such
years. There will be no refund of Article 14 or Article 15 member
contributions for officers who elect to transfer to the Police and Fire
Retirement system.
If this bill is enacted, we anticipate that there will be an increase
of approximately $1.4 million in the annual contributions of the State
of New York for the fiscal year ending March 31, 2015.
In addition to the annual contributions discussed above, it is esti-
mated that there will be an immediate past service cost of $10.2 million
which would be borne by the State of New York, assuming that payment
will be made on March 1, 2015. If this cost is amortized over ten (10)
years, the cost for the first year, including interest, would be $1.39
million.
These estimated costs are based on five hundred eighty (580) State
University Police Officers with a total estimated salary of approximate-
ly $39 million for the fiscal year ending March 31, 2013.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 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, 2013
New York State and Local Retirement System Financial Statements and
Supplementary Information.
A. 7862--A 6
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 24, 2014 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-61 prepared by the
Actuary for the New York State and Local Employees' Retirement System
and the New York State and Local Police an Fire Retirement System.