NY State Senate Bill 2015-S1968B

Senate Bill S1968B

2015-2016 Legislative Session

Provides equal retirement benefits for certain persons who have been appointed to certain titles in the department of corrections and community supervision

download bill text pdf

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
Jun 07, 2016	print number 1968b
Jun 07, 2016	amend (t) and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
May 13, 2015	print number 1968a
May 13, 2015	amend and recommit to civil service and pensions
Jan 15, 2015	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2015-S1968 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3758
2017-2018: S4277
2019-2020: S2052
2021-2022: S6265
2023-2024: S3123

2015-S1968 - Summary

Provides equal retirement benefits for persons who have been appointed to the title of correction lieutenant, captain, deputy assistant superintendent and superintendent in the department of corrections and community supervision.

2015-S1968 - Sponsor Memo

2015-S1968 - Bill Text download pdf

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

                                  1968

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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
  providing   equal  retirement  benefits  for  persons  who  have  been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

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

  Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of  subdivi-
sion  a  of  section  600  of the retirement and social security law, as
amended by section 149 of subpart B of part C of chapter 62 of the  laws
of  2011, is amended and three new clauses (iii), (iv) and (v) are added
to read as follows:
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of  corrections  and  community  super-
vision  and  who elects the retirement plan established pursuant to this
article on  or  before  September  thirtieth,  two  thousand  six.  Such
election  shall be in writing, shall be duly executed and filed with the
comptroller and shall be irrevocable as long as such person  is  in  the
title of superintendent[.]; OR
  (III)  A  PERSON  WHO IS APPOINTED TO THE TITLE OF SUPERINTENDENT, WHO
HAS SERVED AT LEAST TWENTY-FIVE YEARS  AS  A  MEMBER  IN  THE  UNIFORMED
PERSONNEL  IN  INSTITUTIONS  UNDER THE JURISDICTION OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN
ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF  HIS  OR  HER
APPOINTMENT.   SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED
AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS  SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01296-02-5

S. 1968                             2

  (IV)  A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT ON THE EFFEC-
TIVE DATE OF THIS CLAUSE, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A
MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION
OF THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  AND  WHO
ELECTS  THE  RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS CLAUSE. SUCH ELECTION SHALL BE
IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH  THE  COMPTROLLER  AND
SHALL  BE  IRREVOCABLE  AS LONG AS SUCH PERSON IS IN THE TITLE OF SUPER-
INTENDENT; OR
  (V) A PERSON WHO HAS RETIRED WHILE SERVING IN THE TITLE OF SUPERINTEN-
DENT, WHO HAS SERVED AT LEAST TWENTY-FIVE  YEARS  AS  A  MEMBER  IN  THE
UNIFORMED  PERSONNEL  IN  INSTITUTIONS  UNDER  THE  JURISDICTION  OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO  ELECTS  THE
RETIREMENT  PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THIS CLAUSE. SUCH ELECTION SHALL BE IN WRITING,
SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRRE-
VOCABLE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and  6  superintendents  under
the  jurisdiction  of the department of corrections and community super-
vision of New York state to become eligible to  receive  benefits  under
the  provisions  of Article 15 of the Retirement and Social Security Law
in addition to the half-pay plan at 25 years benefit.  This  bill  would
also  cover retired superintendents. Current and future affected members
and retirees would have 90 days from the later of the effective date  of
this bill and their date of being appointed to a superintendent position
to file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $4.10 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, 2016.
  In addition to this cost, there would also be costs for future  super-
intendents  who elect this benefit. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they occur.
  These  estimated  costs  are  based on 27 superintendents with a total
annual salary of approximately $2.9 million for the fiscal  year  ending
March 31, 2014.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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  statement  of  actuarial  opinion
contained herein.

S. 1968                             3

  This estimate, dated January 12, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-23,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

2015-S1968A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3758
2017-2018: S4277
2019-2020: S2052
2021-2022: S6265
2023-2024: S3123

2015-S1968A - Summary

2015-S1968A - Sponsor Memo

2015-S1968A - Bill Text download pdf

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

                                 1968--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  providing  equal  retirement  benefits  for  persons  who  have   been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

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

  Section  1. Clause (ii) of subparagraph (b) of paragraph 2 of subdivi-
sion a of section 600 of the retirement  and  social  security  law,  as
amended  by section 149 of subpart B of part C of chapter 62 of the laws
of 2011, is amended and two new clauses (iii) and (iv) are added to read
as follows:
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of  corrections  and  community  super-
vision  and  who elects the retirement plan established pursuant to this
article on  or  before  September  thirtieth,  two  thousand  six.  Such
election  shall be in writing, shall be duly executed and filed with the
comptroller and shall be irrevocable as long as such person  is  in  the
title of superintendent[.]; OR
  (III)  A  PERSON  WHO  IS  APPOINTED TO THE TITLE OF SUPERINTENDENT IN
INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION AND WHO ELECTS  THE  RETIREMENT  PLAN  ESTABLISHED
PURSUANT  TO  THIS ARTICLE WITHIN NINETY DAYS OF HIS OR HER APPOINTMENT.
SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH
THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH  PERSON  IS  IN
THE TITLE OF SUPERINTENDENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01296-06-5

S. 1968--A                          2

  (IV)  A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT ON THE EFFEC-
TIVE DATE OF THIS CLAUSE AND WHO ELECTS THE RETIREMENT PLAN  ESTABLISHED
PURSUANT  TO  THIS  ARTICLE  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
THIS CLAUSE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE  DULY  EXECUTED
AND  FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and  6  superintendents  under
the  jurisdiction  of the department of corrections and community super-
vision of New York state to become eligible to  receive  benefits  under
the  provisions  of Article of the Retirement and Social Security Law in
addition to the half-pay plan at  25  years  benefit.  Current  affected
members  would have 90 days from the later of the effective date of this
bill and their date of being appointed to a superintendent  position  to
file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $3.74 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 would be made on March 1, 2016.
  In addition to this cost, there would also be costs for future  super-
intendents  who elect this benefit. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they occur.
  These  estimated  costs  are  based on 27 superintendents with a total
annual salary of approximately $2.9 million or the  fiscal  year  ending
March 31, 2014.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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  statement  of  actuarial  opinion
contained herein.
  This estimate, dated May 7, 2015 and intended for use only during  the
2015  Legislative  Session, is Fiscal Note No. 2015-109, prepared by the
Actuary for the New York State and Local Employees' Retirement System.

2015-S1968B (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3758
2017-2018: S4277
2019-2020: S2052
2021-2022: S6265
2023-2024: S3123

2015-S1968B (ACTIVE) - Summary

2015-S1968B (ACTIVE) - Sponsor Memo

2015-S1968B (ACTIVE) - Bill Text download pdf

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

                                 1968--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- 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, in relation to
  providing  equal  retirement  benefits  for  persons  who  have   been
  appointed  to  the title of correction lieutenant, correction captain,
  deputy assistant superintendent or superintendent in the department of
  corrections and community supervision

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

  Section  1. Clause (ii) of subparagraph (b) of paragraph 2 of subdivi-
sion a of section 600 of the retirement  and  social  security  law,  as
amended  by section 149 of subpart B of part C of chapter 62 of the laws
of 2011, is amended and two new clauses (iii) and (iv) are added to read
as follows:
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of  corrections  and  community  super-
vision  and  who elects the retirement plan established pursuant to this
article on  or  before  September  thirtieth,  two  thousand  six.  Such
election  shall be in writing, shall be duly executed and filed with the
comptroller and shall be irrevocable as long as such person  is  in  the
title of superintendent[.]; OR
  (III) A PERSON WHO IS APPOINTED TO THE TITLE OF CORRECTION LIEUTENANT,
CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT IN
INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01296-12-6

S. 1968--B                          2

COMMUNITY  SUPERVISION  AND  WHO  ELECTS THE RETIREMENT PLAN ESTABLISHED
PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF HIS OR  HER  APPOINTMENT.
SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH
THE  COMPTROLLER  AND  SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN
THE TITLE OF CORRECTION LIEUTENANT, CORRECTION CAPTAIN, DEPUTY ASSISTANT
SUPERINTENDENT OR SUPERINTENDENT; OR
  (IV) A PERSON WHO  SERVES  IN  THE  TITLE  OF  CORRECTION  LIEUTENANT,
CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT ON
THE  EFFECTIVE  DATE  OF  THIS CLAUSE AND WHO ELECTS THE RETIREMENT PLAN
ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THIS CLAUSE. SUCH ELECTION SHALL BE IN WRITING,  SHALL  BE  DULY
EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG
AS  SUCH  PERSON  IS  IN  THE TITLE OF CORRECTION LIEUTENANT, CORRECTION
CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and 6 correction  lieutenants,
captains, deputy assistant superintendents and superintendents under the
jurisdiction  of the department of corrections and community supervision
of New York State to become  eligible  to  receive  benefits  under  the
provisions  of  Article  15  of  the  Retirement and Social Security Law
instead of the half-pay plan at 25 years benefit. Affected members would
have 90 days from the later of the effective date of this bill and their
date of being appointed to one of the aforementioned titles to file  for
this benefit. Such elections shall be irrevocable.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost for members currently in these titles of approximately
$50.6  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, 2017.
  In addition to this cost, there would also be future costs for members
who are appointed to one of these titles and become  eligible  for  this
improved  benefit  in  the  future. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they a occur.
  These  estimated  costs  are  based on 628 members currently in one of
these titles with total annual salary of approximately $70  million  for
the fiscal year ending March 31, 2015.
  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, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  June 7, 2016, and intended for use only during
the 2016 Legislative Session, is Fiscal Note No. 2016-111,  prepared  by
the Actuary for the New York State and Local Retirement System.

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