S T A T E   O F   N E W   Y O R K
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                                   5207
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   establishing a twenty year retirement plan for members or officers  of
   law enforcement

   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 section 383-e to read as follows:
   § 383-E. RETIREMENT OF OFFICERS OF STATE LAW ENFORCEMENT; TWENTY  YEAR
 RETIREMENT  PLAN.  A.  MEMBERSHIP.  EVERY NON-SEASONALLY APPOINTED SWORN
 MEMBER OR OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN  THE  DEPARTMENT
 OF  ENVIRONMENTAL  CONSERVATION,  A  FOREST RANGER IN THE SERVICE OF THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHICH SHALL MEAN A PERSON  WHO
 SERVES  ON  A  FULL-TIME  BASIS  IN THE TITLE OF FOREST RANGER I, FOREST
 RANGER II, FOREST RANGER III, ASSISTANT SUPERINTENDENT  OF  FOREST  FIRE
 CONTROL,  SUPERINTENDENT  OF FOREST FIRE CONTROL OR ANY SUCCESSOR TITLES
 OR NEW TITLES IN THE FOREST RANGER TITLE SERIES  IN  THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION, A POLICE OFFICER IN THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION, THE REGIONAL STATE PARK POLICE,  AND  UNIVERSITY
 POLICE OFFICERS WHO ENTER OR RE-ENTER SERVICE IN ANY SUCH TITLE SHALL BE
 COVERED BY THE PROVISIONS OF THIS SECTION, AND EVERY MEMBER DESCRIBED IN
 THIS  SUBDIVISION  IN  SUCH  SERVICE  ON OR BEFORE ONE YEAR PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION MAY ELECT TO BE COVERED BY THE PROVISIONS
 OF THIS SECTION BY FILING AN ELECTION THEREFOR WITH THE COMPTROLLER.  TO
 BE  EFFECTIVE, SUCH ELECTION MUST BE DULY EXECUTED AND ACKNOWLEDGED ON A
 FORM PREPARED BY THE COMPTROLLER FOR THAT PURPOSE.
   B. RETIREMENT ALLOWANCE. A MEMBER, COVERED BY THE PROVISIONS  OF  THIS
 SECTION  AT  THE  TIME  OF  RETIREMENT, SHALL BE ENTITLED TO RETIRE UPON
 COMPLETION OF TWENTY YEARS OF TOTAL CREDITABLE SERVICE IN  SUCH  TITLES,
 AND  SHALL  RETIRE  UPON  THE ATTAINMENT OF THE MANDATORY RETIREMENT AGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05574-02-9

 S. 5207                             2
 
 PRESCRIBED BY THIS SECTION, BY  FILING  AN  APPLICATION  THEREFOR  IN  A
 MANNER SIMILAR TO THAT PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS
 ARTICLE.
   1.  UPON  COMPLETION  OF TWENTY YEARS OF SUCH SERVICE AND UPON RETIRE-
 MENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER  WITH  AN
 ANNUITY  FOR SUCH YEARS OF SERVICE AS PROVIDED IN PARAGRAPH FOUR OF THIS
 SUBDIVISION, SHALL BE SUFFICIENT TO PROVIDE HIM WITH A RETIREMENT ALLOW-
 ANCE OF ONE-HALF OF HIS FINAL AVERAGE SALARY.
   2. UPON COMPLETION OF MORE THAN TWENTY YEARS OF SUCH SERVICE AND  UPON
 RETIREMENT,  EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE IN
 EXCESS OF TWENTY, AN ADDITIONAL PENSION WHICH, TOGETHER WITH AN  ANNUITY
 FOR  EACH  SUCH  YEAR AS PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION,
 SHALL BE EQUAL TO ONE-SIXTIETH OF HIS FINAL  AVERAGE  SALARY,  PROVIDED,
 HOWEVER,  THAT  THE  PENSION  PAYABLE PURSUANT TO THIS SECTION SHALL NOT
 EXCEED THREE-QUARTERS OF FINAL AVERAGE SALARY.
   3. UPON ATTAINMENT OF THE MANDATORY RETIREMENT AGE WITHOUT  COMPLETION
 OF  TWENTY  YEARS  OF  SUCH  SERVICE,  EACH  SUCH MEMBER SHALL RECEIVE A
 PENSION WHICH, TOGETHER WITH AN ANNUITY FOR SUCH  YEARS  OF  SERVICE  AS
 PROVIDED  IN  PARAGRAPH FOUR OF THIS SUBDIVISION, SHALL BE EQUAL TO ONE-
 FORTIETH OF HIS FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
 IN SUCH TITLES. EVERY SUCH MEMBER SHALL ALSO BE  ENTITLED  TO  AN  ADDI-
 TIONAL  PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE SERVICE RENDERED
 WHILE NOT AN EMPLOYEE IN SUCH TITLES AS PROVIDED UNDER PARAGRAPHS  THREE
 AND  FOUR OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
 ARTICLE. THIS LATTER PENSION SHALL NOT INCREASE THE TOTAL  ALLOWANCE  TO
 MORE THAN ONE-HALF OF HIS FINAL AVERAGE SALARY.
   4.  THE  ANNUITY  PROVIDED UNDER PARAGRAPHS ONE, TWO AND THREE OF THIS
 SUBDIVISION SHALL BE THE ACTUARIAL EQUIVALENT, AT THE  TIME  OF  RETIRE-
 MENT,  OF  THE MEMBER'S ACCUMULATED CONTRIBUTIONS BASED UPON THE RATE OF
 CONTRIBUTION FIXED UNDER SECTION  THREE  HUNDRED  EIGHTY-THREE  OF  THIS
 TITLE  AND  UPON THE SALARIES EARNED WHILE IN SUCH SERVICE. SUCH ANNUITY
 SHALL BE COMPUTED AS IT WOULD BE IF IT WERE NOT REDUCED BY THE ACTUARIAL
 EQUIVALENT OF ANY  OUTSTANDING  LOAN  NOR  BY  REASON  OF  THE  MEMBER'S
 ELECTION  TO  DECREASE  HIS  CONTRIBUTIONS TOWARD RETIREMENT IN ORDER TO
 APPLY THE RESULTING AMOUNT TOWARD PAYMENT OF CONTRIBUTIONS FOR  OLD  AGE
 AND SURVIVOR'S INSURANCE. ANY ACCUMULATED CONTRIBUTIONS IN EXCESS OF THE
 AMOUNT  REQUIRED  TO PROVIDE THE ANNUITY COMPUTED PURSUANT TO THIS PARA-
 GRAPH SHALL BE USED TO INCREASE THE MEMBER'S RETIREMENT ALLOWANCE.
   C. CREDIT FOR PREVIOUS SERVICE. IN COMPUTING THE YEARS OF TOTAL  CRED-
 ITABLE  SERVICE  FOR  EACH MEMBER DESCRIBED HEREIN, FULL CREDIT SHALL BE
 GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE RENDERED AS A  POLICE
 OFFICER OR STATE UNIVERSITY PEACE OFFICER OR MEMBER OF A POLICE FORCE OR
 DEPARTMENT  OF  A  STATE  PARK  AUTHORITY  OR COMMISSION OR AN ORGANIZED
 POLICE FORCE OR DEPARTMENT OF A  COUNTY,  CITY,  TOWN,  VILLAGE,  POLICE
 DISTRICT,  AUTHORITY  OR  OTHER  PARTICIPATING EMPLOYER OR MEMBER OF THE
 CAPITAL POLICE FORCE IN THE OFFICE OF GENERAL SERVICES WHILE A MEMBER OF
 THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM,  OF  THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR OF THE NEW YORK
 CITY  POLICE  PENSION FUND AND FOR ALL SERVICE FOR WHICH FULL CREDIT HAS
 BEEN GIVEN AND FULL ALLOWANCE MADE PURSUANT TO THE PROVISIONS OF SECTION
 THREE HUNDRED SEVENTY-FIVE-H OF THIS  ARTICLE  PROVIDED,  HOWEVER,  THAT
 FULL  CREDIT  PURSUANT TO THE PROVISIONS OF SUCH SECTION SHALL MEAN ONLY
 SUCH SERVICE AS WOULD BE CREDITABLE SERVICE PURSUANT TO  THE  PROVISIONS
 OF  SECTION  THREE  HUNDRED  EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,
 THREE HUNDRED EIGHTY-THREE-B, AS ADDED BY CHAPTER SIX  HUNDRED  SEVENTY-
 FOUR  OF  THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, THREE HUNDRED EIGHTY-

 S. 5207                             3
 
 THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-SEVEN OF  THE  LAWS  OF
 NINETEEN  HUNDRED  EIGHTY-SIX,  THREE  HUNDRED  EIGHTY-THREE-C  OR THREE
 HUNDRED EIGHTY-THREE-D OF THIS TITLE OR PURSUANT TO  THE  PROVISIONS  OF
 TITLE  THIRTEEN  OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK FOR
 ANY MEMBER CONTRIBUTING PURSUANT TO THIS SECTION WHO TRANSFERRED TO  THE
 JURISDICTION  OF  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INCLUDING
 BUT NOT  LIMITED  TO  ENVIRONMENTAL  CONSERVATION  OFFICERS  AND  FOREST
 RANGERS,  REGIONAL  STATE  PARK  POLICE  OR STATE UNIVERSITY OF NEW YORK
 PEACE OFFICERS.
   D. RETIREMENT FOR CAUSE. UPON RECEIPT OF A CERTIFICATE FROM  THE  HEAD
 OF  THE  ENTITY  WHERE SUCH MEMBER IS EMPLOYED OR HIS OR HER DESIGNEE, A
 MEMBER AS DESCRIBED IN SUBDIVISION A OF THIS SECTION,  WHO  HAS  ACCRUED
 TWENTY-FIVE  OR MORE YEARS OF SERVICE CREDIT UNDER THIS SECTION SHALL BE
 RETIRED ON THE FIRST DAY OF THE SECOND MONTH NEXT  SUCCEEDING  THE  DATE
 SUCH CERTIFICATE WAS FILED WITH THE COMPTROLLER.
   E.  CREDIT FOR MILITARY SERVICE. IN COMPUTING THE YEARS OF TOTAL CRED-
 ITABLE SERVICE 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 THREE HUNDRED TWO OF THIS ARTICLE, PROVIDED SUCH MEMBER  AT  THE
 TIME  OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN POLICE SERVICE
 AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED  TWO  OF  THIS
 ARTICLE.
   F.  TRANSFER OF MEMBERSHIP TO EMPLOYEES' RETIREMENT SYSTEM. ANY MEMBER
 CURRENTLY ENROLLED PURSUANT TO THIS SECTION AND  WHO  PREVIOUSLY  TRANS-
 FERRED  SERVICE  CREDIT  FROM  THE  NEW  YORK STATE AND LOCAL EMPLOYEES'
 RETIREMENT SYSTEM TO THE NEW  YORK  STATE  AND  LOCAL  POLICE  AND  FIRE
 RETIREMENT  SYSTEM,  MAY  ELECT  TO TRANSFER SUCH PREVIOUSLY TRANSFERRED
 SERVICE CREDIT BACK TO THE NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIRE-
 MENT  SYSTEM,  AND  SUCH  MEMBER  SHALL HAVE THE OPTION TO RETROACTIVELY
 TRANSFER HIS OR HER MEMBERSHIP INTO SUCH EMPLOYEES' RETIREMENT SYSTEM.
   G. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING,  NOTWITHSTAND-
 ING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY.
   §   2.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the state of New York  and  may
 be amortized over a period of ten years.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will allow any  non-seasonally  appointed  sworn  member  or
 officer of the division of law enforcement in the department of environ-
 mental conservation, a police officer in the department of environmental
 conservation, a forest ranger in the department of environmental conser-
 vation,  a  regional  state  park  police officer or a university police
 officer to become covered by the provisions of a special 20 year retire-
 ment plan, which will provide a benefit of  one-half  of  final  average
 salary  upon  retirement,  and  an additional benefit of one-sixtieth of
 final average salary for each year of creditable service in excess of 20
 years, not to exceed 12 such years.
   If this bill is enacted, there will  be  an  increase  in  the  annual
 contributions of the state of New York of approximately $3.1 million for
 the fiscal year ending March 31, 2020.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost to the state of New York of approximately
 $38.0  million.  This  estimate  is based on the assumption that payment
 will be made on March 1, 2020. If the State of New York elects to  amor-

 S. 5207                             4
 
 tize  this cost over a 10-year period, the cost for the first year would
 be $5.1 million.
   This  estimate  is based on 1,220 affected officers, with an estimated
 annual salary of approximately $98 million for the  fiscal  year  ending
 March 31, 2018.
   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, 2018  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2018
 Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017 and 2018  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, 2018
 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  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  January  23,  2019,  and intended for use only
 during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-24,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.