NY State Senate Bill 2015-S7023

Senate Bill S7023

Vetoed By Governor

2015-2016 Legislative Session

Authorizes participating employers in the New York state and local police and fire retirement system offering 20 year retirement plans to offer such plans on a non-contributory basis

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	vetoed memo.285
Nov 16, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly ordered to third reading rules cal.354 substituted for a9702 referred to ways and means delivered to assembly passed senate
May 11, 2016	advanced to third reading
May 10, 2016	2nd report cal.
May 09, 2016	1st report cal.743
Mar 16, 2016	referred to civil service and pensions

Votes

- Jun 16, 2016 - Floor Vote
  S7023
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  May 9, 2016 - Civil Service And Pensions Committee Vote
  S7023
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 9, 2016
      
      aye (10)
      
      Addabbo Jr.
      
      Comrie
      
      Croci
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Persaud
      
      Ritchie
      
      Savino
      
      excused (1)
      
      Sanders Jr.

2015-S7023 (ACTIVE) - Details

See Assembly Version of this Bill:: A9702
Law Section:: Retirement and Social Security Law
Laws Affected:: Add Art 26 §§1400 - 1402, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7717
2017-2018: S4540, A8017

2015-S7023 (ACTIVE) - Summary

Authorizes participating employers in the New York state and local police and fire retirement system offering 20 year retirement plans to offer such plans on a non-contributory basis.

2015-S7023 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7023

 TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
authorizing participating employers in the New York state and local
police and fire retirement system offering an optional twenty year
retirement plan for its police officers and firefighters, to offer
such plan on a non-contributory basis

 PURPOSE :

To permit all police officers and firefighters in NYS the opportunity
to be treated equally pursuant to the benefits provided in the
Retirement and Social Security Law.

 SUMMARY OF PROVISIONS :

Amends the retirement and social security law by adding a new Article
26 to grant police officers and professional firefighters the
opportunity to participate in a non-contributory twenty year
retirement if their employer so elects.

 JUSTIFICATION :

In 2009 the legislature passed a new Tier V pension bill for police

officers and firefighters hired after January 2010 into the Tier V
plan. Those police officers and firefighters hired on or after the
effective date of Tier V (January 9, 2010) were placed in a
contributory twenty-year retirement plan unless they were subject to a
collective bargaining agreement that provided to the contrary. This
same protection was not afforded police officers and firefighters
working without a collective bargaining agreement.

This bill would afford the same opportunities to such police officers
and professional, paid firefighters as those working pursuant to a
collective bargaining agreement at the time of the enactment of Tier
V. In addition, this bill would allow any participating employer, in
the future, to provide a non-contributory twenty year retirement
notwithstanding the provisions of Tier V or Tier VI. It should,
however, be noted that this additional benefit is not to be considered
a mandatory subject of bargaining pursuant to the Taylor Law.

 LEGISLATIVE HISTORY :

2015: S.3010-Vetoed by Governor
2014: S.7717 Referred to Civil Service & Pensions Committee

 FISCAL IMPLICATIONS :

See fiscal note.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7023 (ACTIVE) - Bill Text download pdf

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

                                  7023

                            I N  S E N A T E

                             March 16, 2016
                               ___________

Introduced  by  Sen.  YOUNG  -- 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
  authorizing  participating  employers  in the New York state and local
  police and fire retirement system offering  an  optional  twenty  year
  retirement  plan  for  its  police officers and firefighters, to offer
  such plan on a non-contributory basis

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

  Section 1. The retirement and social security law is amended by adding
a new article 26 to read as follows:
                               ARTICLE 26
                          BENEFIT ENHANCEMENTS
SECTION 1400. NON-CONTRIBUTORY BASIS.
        1401. COLLECTIVE BARGAINING.
        1402. PAST SERVICE COSTS.
  S  1400. NON-CONTRIBUTORY BASIS. (A) NOTWITHSTANDING THE PROVISIONS OF
THIS CHAPTER OR ANY OTHER LAW TO THE CONTRARY A  PARTICIPATING  EMPLOYER
IN  THE  NEW  YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM MAY
ELECT TO PROVIDE ITS EMPLOYEES WHO ARE MEMBERS OF  THE  OPTIONAL  TWENTY
YEAR  RETIREMENT PLAN FOR POLICE AND FIREFIGHTERS ELIGIBILITY TO PARTIC-
IPATE ON A NON-CONTRIBUTORY BASIS.
  (B) NO MEMBER WHO PARTICIPATES  IN  THIS  NON-CONTRIBUTORY  RETIREMENT
PLAN SHALL BE ENTITLED TO A REFUND OF PREVIOUS CONTRIBUTIONS MADE TO THE
CONTRIBUTORY TWENTY YEAR RETIREMENT PLAN.
  S 1401. COLLECTIVE BARGAINING. A DEMAND IN COLLECTIVE BARGAINING NEGO-
TIATIONS FOR THE ADDITIONAL BENEFIT PROVIDED BY SECTION FOURTEEN HUNDRED
OF  THIS ARTICLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
OR (C) OF SUBDIVISION FOUR OF SECTION TWO  HUNDRED  NINE  OF  THE  CIVIL
SERVICE  LAW,  NOR  SHALL  SUCH  DEMAND  BE SUBJECT TO ANY PROVISION FOR
INTEREST ARBITRATION CONTAINED IN ANY LOCAL LAW, RESOLUTION OR ORDINANCE
ADOPTED BY ANY  GOVERNMENTAL  ENTITY  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION TWO HUNDRED TWELVE OF THE CIVIL SERVICE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08156-04-6

S. 7023                             2

  S 1402. PAST SERVICE COSTS. ANY PARTICIPATING EMPLOYER THAT ELECTS THE
ADDITIONAL  BENEFITS  PROVIDED BY THIS ARTICLE MAY ALSO ELECT TO PAY THE
PAST SERVICE COST ASSOCIATED WITH THIS BENEFIT IN  TEN  ANNUAL  INSTALL-
MENTS.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--  This  bill will allow employers in the New York State
and Local Police and  Fire  Retirement  System  which  have  elected  to
provide  their  employees  with the benefits of the 20 year contributory
retirement plan to elect to provide eligibility for their  employees  to
participate  on a non-contributory basis. Any member who participates on
a non-contributory basis will not be entitled to a  refund  of  previous
member contributions.
  If  this  bill  is  enacted,  there  will be an increase in the annual
contributions of ELECTING EMPLOYERS on behalf of their Tiers 3, 5 and  6
members.  For  the  fiscal  year ending March 31, 2017, the contribution
increases, as a percentage of salary, will be 0.3%  for  tier  3  384-d,
1.0%  for  tier  3  384-e, 3.4% for tier 5 384-d, 3.5% for tier 5 384-e,
6.5% for tier 6 384-d and 6.6% for tier 6 384-e. These additional annual
costs will be borne by the employers which elect to provide  this  bene-
fit.
  There will not be a past service cost.
  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  February  4,  2016,  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-37,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.

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