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

                                 5644--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced by Sens. ROBACH, GALLIVAN, GRISANTI -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11315-02-4
              

S. 5644--A                          2

the provisions of subdivision b of section three hundred  seventy-five-c
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.

S. 5644--A                          3

  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-
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

S. 5644--A                          4

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
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

S. 5644--A                          5

department of any county, city, town, village, housing authority, trans-
it authority or police district shall be eligible  to  resign  from  any
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.

S. 5644--A                          6

  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.
  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.