S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3589
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the retirement of deputy sheriffs-civil in the county of Monroe
 
   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.  RETIREMENT  OF DEPUTY SHERIFFS-CIVIL IN MONROE COUNTY.  A. A
 MEMBER EMPLOYED IN MONROE COUNTY SHALL BE ELIGIBLE TO RETIRE PURSUANT TO
 THE PROVISIONS OF SECTION EIGHTY-NINE-P OF THIS ARTICLE IF THE COUNTY OF
 MONROE ELECTS TO MAKE THE BENEFITS PROVIDED IN SECTION EIGHTY-NINE-P  OF
 THIS  ARTICLE  AVAILABLE  TO THE SHERIFF, UNDERSHERIFFS, DEPUTY SHERIFFS
 AND CORRECTION OFFICERS OF SUCH COUNTY AND IF HE  OR  SHE  IS  A  DEPUTY
 SHERIFF-CIVIL  OF SUCH COUNTY.  SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE
 TO THE ELIGIBILITY PROVISIONS AVAILABLE UNDER ANY  OTHER  PLAN  OF  THIS
 ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
   B.  THE  TERM  "CREDITABLE SERVICE" SHALL INCLUDE ANY AND ALL SERVICES
 PERFORMED AS A DEPUTY SHERIFF-CIVIL OF MONROE COUNTY AND OTHER  CREDITA-
 BLE  SERVICE AS DEFINED IN SUBDIVISIONS D AND E OF SECTION EIGHTY-NINE-P
 OF THIS ARTICLE.
   C. MONROE COUNTY IS AUTHORIZED TO ADOPT  A  RESOLUTION  ON  OR  BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR TO EXTEND THE PROVISIONS
 OF  THIS  SECTION  TO  THOSE  MEMBERS  DEFINED  IN SUBDIVISION A OF THIS
 SECTION. A CERTIFIED COPY OF SUCH RESOLUTION  MUST  BE  FILED  WITH  THE
 COMPTROLLER  AND  MAY  CONTAIN AN ELECTION THAT ANY PAST SERVICE COST BE
 PAID OVER EITHER A FIVE-YEAR OR TEN-YEAR PERIOD. SUCH  RESOLUTION  SHALL
 BE ACCOMPANIED BY THE AFFIDAVIT OF THE CHIEF EXECUTIVE OFFICER OF MONROE
 COUNTY  THAT  THE  COUNTY  HAS  RECEIVED AN ESTIMATE FROM THE RETIREMENT
 SYSTEM OF THE COST OF THE BENEFIT PROVIDED BY THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02682-02-3
 A. 3589                             2
              

 
   D. THE SHERIFF 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 DEPUTY  SHERIFFS-CIVIL
 OF MONROE COUNTY.
   E.  UNLESS  OTHERWISE  INDICATED  IN  THIS  SECTION, THE PROVISIONS OF
 SECTION EIGHTY-NINE-P OF THIS ARTICLE SHALL BE CONTROLLING.
   § 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
 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,
 A. 3589                             3
 
 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
 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 EMPLOYED IN MONROE COUNTY AS A DEPUTY SHER-
 IFF-CIVIL AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER 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 subdivi-
 sion 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 firefight-
 er,  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 occupation 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 twenty-five years of service, but in such event the bene-
 fit 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 credited 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  OR
 MORE  YEARS  OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE, WHO ARE
 EMPLOYED AS DEPUTY  SHERIFFS-CIVIL  IN  MONROE  COUNTY,  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
 A. 3589                             4
 
 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 IRRE-
 VOCABLE,  SHALL BE IN WRITING, DULY EXECUTED AND SHALL BE FILED WITH THE
 COMPTROLLER ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR
 OR WITHIN ONE YEAR OF ENTERING INTO SERVICE AS A DEPUTY SHERIFF-CIVIL IN
 MONROE COUNTY. THE TERM "CREDITABLE SERVICE" SHALL HAVE THE  MEANING  AS
 SO  DEFINED  IN  SECTION  EIGHTY-NINE-X AND SUBDIVISION C OF SECTION 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  FOR A MEMBER WHO IS EMPLOYED AS A
 DEPUTY SHERIFF-CIVIL AS DEFINED IN SECTION EIGHTY-NINE-X OF  THIS  CHAP-
 TER,  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 DEPUTY SHERIFF-CIVIL, 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 Monroe County.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit members of the New York State and Local Employ-
 ees'  Retirement  System  (NYSLERS) who are employed by Monroe County in
 the title of deputy sheriff-civil,  as  certified  by  the  sheriff,  to
 retire  upon  completion of twenty-five (25) years of creditable service
 with a benefit of one-half (50%) final average salary,  provided  Monroe
 County  has  filed  a  resolution with the New York State Comptroller to
 provide such benefits on or before December 31, 2024. Additionally,  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 on or before
 December 31, 2024 or within one year of entering  service  as  a  deputy
 sheriff-civil with Monroe County.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there  will  be an increase of approximately $24,000 in the
 annual contributions of Monroe County for the fiscal year  ending  March
 31,  2024. 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 $147,000 which  will  be
 borne by Monroe County as a one-time payment. This estimate assumes that
 payment will be made on February 1, 2024.
   These  estimated  costs  are  based  on 9 affected members employed by
 Monroe County, with annual salary of approximately $688,000 as of  March
 31,  2022.  The  affected  members  were  identified  using  information
 provided by Andrew Toranzo of the New York State Minority Ways and Means
 Committee.
   Summary of relevant resources:
   Membership data as of March 31, 2022 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2020,
 2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
 A. 3589                             5
 
 tions,  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, 2022
 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 26,  2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-36,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.