S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8686
 
                             I N  S E N A T E
 
                              March 30, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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
   the retirement of Nassau county 911 operators
 
   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 89-x to read as follows:
   § 89-X. OPTIONAL TWENTY-FIVE YEAR RETIREMENT PLAN  FOR  COUNTY  POLICE
 COMMUNICATIONS  OPERATOR,  POLICE  COMMUNICATIONS  OPERATOR  SUPERVISOR,
 ASSISTANT BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS) AND BUREAU  DIREC-
 TOR  (POLICE  911  COMMUNICATIONS) IN THE COUNTY OF NASSAU. A.  A MEMBER
 WHO SERVES AS A COUNTY POLICE COMMUNICATIONS OPERATOR,  POLICE  COMMUNI-
 CATIONS  OPERATOR  SUPERVISOR,  ASSISTANT  BUREAU  DIRECTOR  (POLICE 911
 COMMUNICATIONS) AND BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS), AND  IS
 EMPLOYED BY THE COUNTY OF NASSAU SHALL BE ELIGIBLE TO RETIRE PURSUANT TO
 THE PROVISIONS OF THIS SECTION. SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE
 TO  THE  ELIGIBILITY  PROVISIONS  AVAILABLE UNDER ANY OTHER PLAN OF THIS
 ARTICLE TO WHICH SUCH MEMBER IS SUBJECT. THE  COUNTY  EXECUTIVE  OF  THE
 COUNTY  OF  NASSAU SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY AND AT
 SUCH INTERVALS OF TIME AS MAY BE REQUIRED OF HIM  OR  HER  AND  IN  SUCH
 FASHION AS MAY BE PRESCRIBED, THE IDENTITY OF THE ELIGIBLE POLICE COMMU-
 NICATIONS OPERATOR, POLICE COMMUNICATIONS OPERATOR SUPERVISOR, ASSISTANT
 BUREAU  DIRECTOR (POLICE 911 COMMUNICATIONS) AND BUREAU DIRECTOR (POLICE
 911 COMMUNICATIONS) IN HIS OR HER EMPLOY.
   B. SUCH MEMBER SHALL BE ENTITLED TO  RETIRE  UPON  THE  COMPLETION  OF
 TWENTY-FIVE  YEARS  OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION
 THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
   C. UPON COMPLETION OF TWENTY-FIVE  YEARS  OF  SUCH  SERVICE  AND  UPON
 RETIREMENT,  EACH  SUCH  MEMBER  SHALL RECEIVE A PENSION WHICH, TOGETHER
 WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF  HIS  OR  HER
 ACCUMULATED  CONTRIBUTIONS  AT  THE TIME OF HIS OR HER RETIREMENT AND AN
 ADDITIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT  OF  THE  RESERVED-
 FOR-INCREASED-TAKE-HOME-PAY  TO  WHICH  HE  OR  SHE MAY THEN BE ENTITLED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14836-03-2
 S. 8686                             2
 
 SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH  A  RETIREMENT  ALLOWANCE
 EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
   D.  AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
 ALL SERVICES PERFORMED  AS  A  COUNTY  POLICE  COMMUNICATIONS  OPERATOR,
 POLICE COMMUNICATIONS OPERATOR SUPERVISOR, ASSISTANT BUREAU DIRECTOR AND
 BUREAU DIRECTOR EMPLOYED BY THE COUNTY OF NASSAU.
   E. CREDIT FOR SERVICE AS A MEMBER OR OFFICER OF THE STATE POLICE OR AS
 A  PAID  FIREFIGHTER,  POLICE  OFFICER  OR OFFICER OF ANY ORGANIZED FIRE
 DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY,  CITY,  VILLAGE,
 TOWN, FIRE DISTRICT OR POLICE DISTRICT, OR AS A CRIMINAL INVESTIGATOR IN
 THE  OFFICE OF A DISTRICT ATTORNEY SHALL ALSO BE DEEMED TO BE CREDITABLE
 SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF  TOTAL  SERVICE  FOR
 RETIREMENT PURSUANT TO THIS SECTION.
   F.  A  MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
 RETIREMENT, MAY RETIRE AFTER THE  COMPLETION  OF  TWENTY-FIVE  YEARS  OF
 TOTAL  CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER
 SIMILAR TO THAT PROVIDED  IN  SECTION  SEVENTY  OF  THIS  ARTICLE.  UPON
 COMPLETION  OF  TWENTY-FIVE  YEARS  OF SUCH SERVICE AND UPON RETIREMENT,
 EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY
 WHICH SHALL BE THE  ACTUARIAL  EQUIVALENT  OF  HIS  OR  HER  ACCUMULATED
 CONTRIBUTIONS  AT  THE  TIME  OF HIS OR HER RETIREMENT AND AN ADDITIONAL
 PENSION WHICH  IS  THE  ACTUARIAL  EQUIVALENT  OF  THE  RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY  TO  WHICH HE OR SHE MAY THEN BE ENTITLED SHALL BE
 SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT  ALLOWANCE  EQUAL  TO
 ONE-HALF  OF HIS OR HER FINAL AVERAGE SALARY; FOR SERVICE BEYOND TWENTY-
 FIVE YEARS AND FOR NON-POLICE COMMUNICATIONS OPERATOR,  POLICE  COMMUNI-
 CATIONS  OPERATOR  SUPERVISOR,  ASSISTANT  BUREAU  DIRECTOR  (POLICE 911
 COMMUNICATIONS) AND BUREAU DIRECTOR (POLICE 911  COMMUNICATIONS)  COUNTY
 SERVICE THE BENEFIT IS INCREASED BY ONE-SIXTIETH OF FINAL AVERAGE SALARY
 FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT.
   G.  IN  COMPUTING  THE  TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER
 PURSUANT TO THIS SECTION FULL CREDIT SHALL BE GIVEN AND  FULL  ALLOWANCE
 SHALL  BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR
 I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
 TIME OF HIS ENTRANCE INTO THE ARMED FORCES WAS IN  THE  SERVICE  OF  THE
 COUNTY.
   H. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
 DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
 ING  SERVICE  WHICH  IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
 THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY  OTHER
 PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
   I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
 ANY OTHER PROVISION IN THIS ARTICLE TO THE CONTRARY.
   § 2. Subdivision a of section 445 of the retirement and social securi-
 ty  law,  as  amended  by chapter 245 of the laws of 2021, is amended to
 read as follows:
   a. No member of a retirement system who is subject to  the  provisions
 of this article shall retire without regard to age, exclusive of retire-
 ment  for  disability, unless he or she is a police officer, an investi-
 gator member of the New York city employees'  retirement  system,  fire-
 fighter,  correction  officer, a qualifying member as defined in section
 eighty-nine-t, as added by chapter six hundred fifty-seven of  the  laws
 of  nineteen hundred ninety-eight, of this chapter, sanitation worker, a
 special officer (including persons employed by the city of New  York  in
 the  title  urban  park  ranger  or associate urban park ranger), school
 safety agent, campus peace officer or a taxi  and  limousine  commission
 S. 8686                             3
 
 inspector  member  of  the New York city employees' retirement system or
 the New York city board of education  retirement  system,  a  dispatcher
 member  of  the  New  York  city  employees' retirement system, a police
 communications member of the New York city employees' retirement system,
 an EMT member of the New York city employees' retirement system, a depu-
 ty  sheriff  member of the New York city employees' retirement system, a
 correction officer of the Westchester county  correction  department  as
 defined  in section eighty-nine-e of this chapter or employed in Suffolk
 county as a peace officer, as defined in section eighty-nine-s, as added
 by chapter five hundred eighty-eight of the  laws  of  nineteen  hundred
 ninety-seven,   of  this  chapter,  employed  in  Suffolk  county  as  a
 correction officer, as defined in section eighty-nine-f of this chapter,
 or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
 correction  division personnel, sheriff, undersheriff or deputy sheriff,
 as defined in section eighty-nine-g of  this  chapter,  or  employed  in
 Nassau  county  as an ambulance medical technician, an ambulance medical
 technician/supervisor or a member who performs ambulance medical techni-
 cian related services, or a police medic, police medic supervisor  or  a
 member who performs police medic related services, as defined in section
 eighty-nine-s,  as  amended by chapter five hundred seventy-eight of the
 laws of nineteen hundred ninety-eight, of this chapter, or  employed  in
 Nassau  county  as a peace officer, as defined in section eighty-nine-s,
 as added by chapter five hundred ninety-five of  the  laws  of  nineteen
 hundred ninety-seven, of this chapter, or employed in Albany county as a
 sheriff, undersheriff, deputy sheriff, correction officer or identifica-
 tion  officer, as defined in section eighty-nine-h of this chapter or is
 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
 iff or correction officer, as defined in section eighty-nine-i  of  this
 chapter  or  is  employed  in Orleans county as a sheriff, undersheriff,
 deputy  sheriff  or  correction   officer,   as   defined   in   section
 eighty-nine-l  of  this  chapter or is employed in Jefferson county as a
 sheriff, undersheriff, deputy sheriff or correction officer, as  defined
 in  section  eighty-nine-j  of  this  chapter or is employed in Onondaga
 county as a deputy sheriff-jail division competitively appointed or as a
 correction officer, as defined in section eighty-nine-k of this  chapter
 or  is  employed in a county which makes an election under subdivision j
 of section eighty-nine-p of this chapter  as  a  sheriff,  undersheriff,
 deputy  sheriff or correction officer as defined in such section eighty-
 nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
 ty sheriff or correction officer, as defined in section eighty-nine-m of
 this chapter or is a Monroe county  deputy  sheriff-court  security,  or
 deputy  sheriff-jailor  as defined in section eighty-nine-n, as added by
 chapter five hundred ninety-seven of the laws of nineteen hundred  nine-
 ty-one,  of  this  chapter or is employed in Greene county as a sheriff,
 undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
 section  eighty-nine-o  of this chapter or is a traffic officer with the
 town of Elmira as defined in section eighty-nine-q of this chapter or is
 employed by Suffolk county as a  park  police  officer,  as  defined  in
 section  eighty-nine-r of this chapter or is a peace officer employed by
 a county probation department as defined in  section  eighty-nine-t,  as
 added by chapter six hundred three of the laws of nineteen hundred nine-
 ty-eight,  of this chapter or is employed in Rockland county as a deputy
 sheriff-civil as defined in section eighty-nine-v  of  this  chapter  as
 added by chapter four hundred forty-one of the laws of two thousand one,
 or  is  employed  in Rockland county as a superior correction officer as
 defined in section eighty-nine-v of this chapter  as  added  by  chapter
 S. 8686                             4
 
 five hundred fifty-six of the laws of two thousand one or is a paramedic
 employed  by  the police department in the town of Tonawanda and retires
 under the provisions of section eighty-nine-v of this chapter, as  added
 by  chapter four hundred seventy-two of the laws of two thousand one, or
 is a county  fire  marshal,  supervising  fire  marshal,  fire  marshal,
 assistant  fire  marshal,  assistant  chief  fire  marshal or chief fire
 marshal employed by the county of Nassau as defined in  section  eighty-
 nine-w  of  this chapter, OR IS A COUNTY POLICE COMMUNICATIONS OPERATOR,
 POLICE COMMUNICATIONS OPERATOR  SUPERVISOR,  ASSISTANT  BUREAU  DIRECTOR
 (POLICE  911  COMMUNICATIONS)  AND  BUREAU DIRECTOR (POLICE 911 COMMUNI-
 CATIONS) EMPLOYED BY THE COUNTY OF NASSAU and is in a plan which permits
 immediate retirement upon completion of a specified  period  of  service
 without  regard  to  age. Except as provided in subdivision c of section
 four hundred forty-five-a of this article, subdivision c of section four
 hundred forty-five-b of this article,  subdivision  c  of  section  four
 hundred  forty-five-c  of  this  article,  subdivision c of section four
 hundred forty-five-d of this article,  subdivision  c  of  section  four
 hundred  forty-five-e  of  this  article,  subdivision c of section four
 hundred forty-five-f of this article and subdivision c of  section  four
 hundred  forty-five-h  of this article, a member in such a plan and such
 an occupation, other than a police officer or investigator member of the
 New York city employees' retirement system or a firefighter,  shall  not
 be  permitted  to retire prior to the completion of twenty-five years of
 credited service; provided, however, if such a member in such an occupa-
 tion is in a plan which permits retirement  upon  completion  of  twenty
 years of service regardless of age, he or she may retire upon completion
 of twenty years of credited service and prior to the completion of twen-
 ty-five  years  of  service, but in such event the benefit provided from
 funds other than those based on such a member's own contributions  shall
 not exceed two per centum of final average salary per each year of cred-
 ited service.
   §  3. Section 603 of the retirement and social security law is amended
 by adding a new subdivision u to read as follows:
   U. THE SERVICE RETIREMENT BENEFIT SPECIFIED  IN  SECTION  SIX  HUNDRED
 FOUR  OF THIS ARTICLE SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE YEARS
 OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE  EMPLOYED  IN  THE
 COUNTY  OF  NASSAU  AS  A  COUNTY POLICE COMMUNICATIONS OPERATOR, POLICE
 COMMUNICATIONS OPERATOR SUPERVISOR, ASSISTANT  BUREAU  DIRECTOR  (POLICE
 911  COMMUNICATIONS)  AND BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS) AS
 DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER IF:  (I)  SUCH  MEMBERS
 HAVE  MET  THE MINIMUM SERVICE REQUIREMENTS UPON RETIREMENT, AND (II) IN
 THE CASE OF A MEMBER SUBJECT TO THE PROVISIONS OF  ARTICLE  FOURTEEN  OF
 THIS CHAPTER, SUCH MEMBER FILES AN ELECTION THEREFOR WHICH PROVIDES THAT
 HE  OR SHE WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO NONE
 OF THE PROVISIONS OF SUCH ARTICLE FOURTEEN. SUCH ELECTION,  WHICH  SHALL
 BE  IRREVOCABLE,  SHALL  BE IN WRITING, DULY EXECUTED AND SHALL BE FILED
 WITH THE COMPTROLLER WITHIN ONE YEAR  OF  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION  OR  WITHIN ONE YEAR AFTER ENTERING THE EMPLOYMENT WITH SUCH
 COUNTY UPON WHICH ELIGIBILITY IS BASED, WHICHEVER COMES LATER.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, THE TERM "CREDITABLE SERVICE" SHALL HAVE
 THE MEANING AS SO DEFINED IN BOTH SECTIONS EIGHTY-NINE-X AND SIX HUNDRED
 ONE OF THIS CHAPTER.
   § 4. Section 604 of the retirement and social security law is  amended
 by adding a new subdivision u to read as follows:
   U.  THE  EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO IS EMPLOYED
 IN THE COUNTY OF NASSAU AS  A  COUNTY  POLICE  COMMUNICATIONS  OPERATOR,
 S. 8686                             5
 
 POLICE  COMMUNICATIONS  OPERATOR  SUPERVISOR,  ASSISTANT BUREAU DIRECTOR
 (POLICE 911 COMMUNICATIONS) AND BUREAU  DIRECTOR  (POLICE  911  COMMUNI-
 CATIONS)  AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER SHALL BE A
 PENSION  EQUAL  TO  ONE-FIFTIETH  OF FINAL AVERAGE SALARY TIMES YEARS OF
 CREDITED SERVICE AT THE COMPLETION OF TWENTY-FIVE YEARS  OF  SERVICE  AS
 SUCH  POLICE  COMMUNICATIONS  OPERATOR,  POLICE  COMMUNICATIONS OPERATOR
 SUPERVISOR, ASSISTANT BUREAU DIRECTOR (POLICE  911  COMMUNICATIONS)  AND
 BUREAU  DIRECTOR (POLICE 911 COMMUNICATIONS), BUT NOT EXCEEDING ONE-HALF
 OF HIS OR HER FINAL AVERAGE SALARY.
   §  5.  All  past  service  costs  associated  with  implementing   the
 provisions of this act shall be borne by Nassau county.
   § 6. This act shall take effect January 1, 2023.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit members of the New York State and Local Employ-
 ees' Retirement System who are employed by Nassau County in the title of
 police  communications operator, police communications operator supervi-
 sor, assistant bureau director (police  911  communications)  or  bureau
 director  (police 911 communications) to retire upon completion of twen-
 ty-five (25) years of creditable service  with  a  benefit  of  one-half
 (50%)  final  average  salary. Affected members in Tiers 1 or 2 would be
 awarded additional sixtieths for all service beyond  25  years.    Addi-
 tionally,  for those members covered under the provisions of Article 14,
 this bill would permit an irrevocable election to forfeit  the  benefits
 of  Article 14 in favor of the 25-year plan benefit, when elected within
 one year of the effective date of this bill or within one year of enter-
 ing service in any of the above titles  with  Nassau  County,  whichever
 comes later.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate  that  there  will be an increase of approximately $630,000 in the
 annual contributions of Nassau County for the fiscal year  ending  March
 31,  2023. In future years, this cost will vary as the billing rates and
 salary of the affected members change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $1.84 million which will
 be borne by Nassau County as a one-time payment. This estimate is  based
 on the assumption that payment will be made on February 1, 2023.
   These  estimated  costs  are based on 203 affected members employed by
 Nassau County, with annual salary of approximately $16.8 million  as  of
 March  31,  2021. The affected members were identified using information
 provided by the office of Assemblyman Peter J. Abbate Jr..
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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.
 S. 8686                             6
 
   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 25, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No.  2022-98,  prepared  by
 the Actuary for the New York State and Local Retirement System.