NY State Senate Bill 2015-S3010

Senate Bill S3010

Vetoed By Governor

2015-2016 Legislative Session

Relates to benefits for participating employers in the New York state and local police and fire retirement system

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	vetoed memo.292
Nov 30, 2015	delivered to governor
Jun 19, 2015	returned to senate passed assembly ordered to third reading rules cal.282 substituted for a7490
Jun 18, 2015	referred to ways and means delivered to assembly passed senate
Apr 23, 2015	advanced to third reading
Apr 22, 2015	2nd report cal.
Apr 21, 2015	1st report cal.335
Feb 02, 2015	referred to civil service and pensions

Votes

- Jun 18, 2015 - Floor Vote
  S3010
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Apr 21, 2015 - Civil Service And Pensions Committee Vote
  S3010
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Apr 21, 2015
      
      aye (11)
      
      Addabbo Jr.
      
      Comrie
      
      Croci
      
      Dilan
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Ritchie
      
      Sanders Jr.
      
      Savino

2015-S3010 (ACTIVE) - Details

See Assembly Version of this Bill:: A7490
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, A9542
2017-2018: S4540

2015-S3010 (ACTIVE) - Summary

Relates to benefits for participating employers in the New York state and local police and fire retirement system.

2015-S3010 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3010

TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to creating an optional twenty year retirement plan
for certain police officers and firefighters who are members of the
New York state and local police and fire retirement system

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:

2014:S.7717- Referred to Civil Service & Pensions Committee

FISCAL IMPLICATIONS:

See fiscal note.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3010 (ACTIVE) - Bill Text download pdf

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

                                  3010

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

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
  creating  an  optional  twenty year retirement plan for certain police
  officers and firefighters who are members of the New  York  state  and
  local police and fire retirement system

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08156-02-5

S. 3010                             2

ADOPTED  BY  ANY  GOVERNMENTAL  ENTITY  PURSUANT  TO  SUBDIVISION ONE OF
SECTION TWO HUNDRED TWELVE OF THE CIVIL SERVICE LAW.
  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.--Pursuant to Legislative Law, Section 50:
  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-con-
tributory 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,  2016,  the  contribution
increases,  as  a percentage of salary, will be 3.2% for tier 3 members,
3.5% for tier 5 384-d and 384-e, 6.7% for tier  6  384-d  and  6.8%  for
384-e. These costs will be borne by the employers which elect to provide
this benefit.
  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, 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 December 12, 2014,  and  intended  for  use  only
during  the 2015 Legislative Session, is Fiscal No. 2015-11, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System and the New York State and Local Employees' Retirement System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.