NY State Senate Bill 2019-S8148

Senate Bill S8148

2019-2020 Legislative Session

Relates to establishing a twenty year retirement plan for members or officers of law enforcement

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2020	referred to civil service and pensions

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2019-S8148 (ACTIVE) - Details

See Assembly Version of this Bill:: A10253
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §383-e, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6234, A10416
2021-2022: A6457

2019-S8148 (ACTIVE) - Summary

Relates to establishing a twenty year retirement plan for members or officers of law enforcement; includes 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, a police officer in the department of environmental conservation, the regional state park police, and university police officers in such twenty year plan.

2019-S8148 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8148

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow members of the regional state park police, environmental
conservation officers, forest rangers, and university police officers to
receive twenty-year retirement plans.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the retirement and social security law
by creating a new section 383-e to allow members environmental conserva-
tion officers, forest rangers, regional state park police, and universi-
ty police officers to receive a 20 year retirement plan similarly to the

New York State Troopers and the vast majority of municipal police offi-
cers.

Section two of this bill states that the newly created section 383-e of
the retirement and social security law authorizes all past service costs
associated with implementing the provisions of this act shall be borne
by the State of New York and may be liquidated over a period of ten
years.

Section three of this bill states that this act shall take effect on the
sixtieth day after it shall become a law.

 
JUSTIFICATION:

The Police Benevolent Association of New York State, which is comprised
of Forest Rangers, Regional Park Police, Environmental Conservation
Officers, and State University Police Officers are members of the Agency
Police Bargaining Unit. The Agency Police Bargaining Unit currently has
a 25-year retirement plan in which they receive 50% of their final aver-
age salary and 1.66% thereafter, at a maximum of 32 years with a maximum
61.66% final average salary.

However, New York State Troopers and approximately 97% of municipal
police officers have a 20 year retirement plan in which they can receive
50% of their final average salary. Many of them have the additional
benefit commonly referred to as "1/60th", which means for every year
above 20 years of employment, they get an additional 1/60th, or 1.66% of
their final average salary. For example, a police officer who has a
twenty-year retirement benefit, who works for 21 years, will get a
pension equal to 51.66%; whereas a police officer with 22 years of expe-
rience will receive a pension worth 53.33%.  There will be a cap after
32 years of service, which Will equate to 70 percent. Police officers
can work beyond 32 years but their pension will not reach beyond 70
percent of the final average salary.  Members of the Agency Police
Bargaining Unit currently do not have this benefit.

To rectify this discrepancy, this legislation authorizes the Agency
Police Bargaining Unit to be given a 20-year retirement plan.
 
PRIOR LEGISLATIVE HISTORY:

S5207 of 2019: Vetoed; Veto Memo No. 275
S6234-A of 2018: Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See bill.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall become
law.

2019-S8148 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8148
 
                             I N  S E N A T E
 
                               April 8, 2020
                                ___________
 
 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
 PRESCRIBED BY THIS SECTION, BY  FILING  AN  APPLICATION  THEREFOR  IN  A
 MANNER SIMILAR TO THAT PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS
 ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05574-05-0

 S. 8148                             2

   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 OR HER WITH A RETIREMENT
 ALLOWANCE OF ONE-HALF OF HIS OR HER 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 OR HER FINAL AVERAGE SALARY,
 PROVIDED, HOWEVER, THAT THE PENSION PAYABLE  PURSUANT  TO  THIS  SECTION
 SHALL BE SUBJECT TO THE PROVISIONS OF SECTION FOUR HUNDRED FORTY-FOUR OF
 THIS CHAPTER.
   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 OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE
 SERVICE IN SUCH TITLES. EVERY SUCH MEMBER SHALL ALSO BE ENTITLED  TO  AN
 ADDITIONAL  PENSION  EQUAL  TO  THE  PENSION  FOR ANY CREDITABLE SERVICE
 RENDERED WHILE NOT AN EMPLOYEE IN SUCH TITLES AS  PROVIDED  UNDER  PARA-
 GRAPHS  THREE  AND FOUR OF SUBDIVISION A OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE OF THIS ARTICLE. THIS LATTER  PENSION  SHALL  NOT  INCREASE  THE
 TOTAL  ALLOWANCE TO MORE THAN ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
 RY.
   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 REASON OF THE
 MEMBER'S ELECTION TO DECREASE HIS OR HER 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 PARAGRAPH 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-
 THREE-B,  AS  ADDED  BY CHAPTER SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF

 S. 8148                             3
 
 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, police  officer,  or  forest
 ranger in the department of environmental conservation; a regional state
 park police officer; or a university police officer to become covered by
 the  provisions of a special 20-year retirement 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 $3.3 million for
 the fiscal year ending March 31, 2021.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost to the state of New York of approximately
 $39.4  million.  This  estimate  is based on the assumption that payment
 will be made on March 1, 2021. If the State of New York elects to  amor-
 tize  this cost over a 10-year period, the cost for the first year would
 be $5.2 million.

 S. 8148                             4
 
   This estimate is based on 1,207 affected officers, with  an  estimated
 annual  salary  of  approximately $99 million for the fiscal year ending
 March 31, 2019.
   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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018 and 2019 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, 2019
 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 March 27, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-34,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S8148

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Sponsored By

Andrew Gounardes