S T A T E   O F   N E W   Y O R K
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                                  7252--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees -- recommitted to the Committee on
   Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the retirement and social security law, in  relation  to
   overtime  ceilings  for correction officers who are members of certain
   retirement plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  501 of the retirement and social security law is
 amended by adding a new subdivision 29 to read as follows:
   29. "CORRECTION OFFICER" SHALL MEAN, NOTWITHSTANDING ANY PROVISION  OF
 LAW  TO  THE  CONTRARY,  ANY  MEMBER  WHO IS EMPLOYED BY A COUNTY AND IS
 CHARGED WITH THE DUTY OF MAINTAINING  THE  CUSTODY  AND  SUPERVISION  OF
 PERSONS DETAINED OR CONFINED IN A LOCAL CORRECTIONAL FACILITY AS DEFINED
 IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW.
   §  2. Subdivision 24 of section 501 of the retirement and social secu-
 rity law is amended by adding a new paragraph (g) to read as follows:
   (G) FOR A COUNTY THAT HAS ELECTED TO  PROVIDE  THE  BENEFITS  OF  THIS
 PARAGRAPH BY ADOPTING A RESOLUTION TO SUCH EFFECT AND FILING A CERTIFIED
 COPY  THEREOF  WITH  THE  COMPTROLLER, NOTWITHSTANDING THE PROVISIONS OF
 PARAGRAPH (C) AND SUBPARAGRAPH (A) OF PARAGRAPH (E) OF THIS SUBDIVISION,
 COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE "OVERTIME CEILING"
 FOR ANY MEMBER WHO IS EMPLOYED AS A CORRECTION OFFICER  SHALL  MEAN  THE
 GREATER  OF: (I) THE OVERTIME CEILING AS DEFINED IN THIS SUBDIVISION; OR
 (II) THIRTY PERCENT OF THE REGULAR COMPENSATION EARNED BY  AND  PAID  TO
 SUCH  MEMBER  BY  A  PUBLIC  EMPLOYER  FOR  SUCH  MEMBER'S  SERVICE AS A
 CORRECTION OFFICER.
   § 3. Section 601 of the retirement and social security law is  amended
 by adding a new subdivision n to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09748-09-4
              

 A. 7252--A                          2
 
   N.  "CORRECTION  OFFICER" SHALL MEAN, NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, ANY MEMBER WHO IS EMPLOYED  BY  A  COUNTY  AND,  IS
 CHARGED  WITH  THE  DUTY  OF  MAINTAINING THE CUSTODY AND SUPERVISION OF
 PERSONS DETAINED OR CONFINED IN A LOCAL CORRECTIONAL FACILITY AS DEFINED
 IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW.
   § 4. Subdivision l of section 601 of the retirement and social securi-
 ty law is amended by adding a new paragraph (e) to read as follows:
   (E)  FOR  A  COUNTY  THAT  HAS ELECTED TO PROVIDE THE BENEFITS OF THIS
 PARAGRAPH BY ADOPTING A RESOLUTION TO SUCH EFFECT AND FILING A CERTIFIED
 COPY THEREOF WITH THE COMPTROLLER,  NOTWITHSTANDING  THE  PROVISIONS  OF
 PARAGRAPH (C) AND SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS SUBDIVISION,
 COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE "OVERTIME CEILING"
 FOR  ANY  MEMBER  WHO IS EMPLOYED AS A CORRECTION OFFICER SHALL MEAN THE
 GREATER OF: (I) THE OVERTIME CEILING AS DEFINED IN THIS SUBDIVISION;  OR
 (II)  THIRTY  PERCENT  OF THE REGULAR COMPENSATION EARNED BY AND PAID TO
 SUCH MEMBER BY  A  PUBLIC  EMPLOYER  FOR  SUCH  MEMBER'S  SERVICE  AS  A
 CORRECTION OFFICER.
   § 5. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to the appropriation requirement
 of section 25 of the retirement and social security law.
   §  6. All past service costs incurred with implementing the provisions
 of this act shall be borne by any county  that  elects  to  provide  the
 benefits provided by this act.
   § 7. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would allow county employers to elect to provide correction
 officers with an increased limit on the overtime  compensation  included
 in  the  final average salary calculation beginning January 1, 2025. The
 improved limit would be thirty percent of a member's  annual  wages,  if
 greater than the limit. Current limits were set at $15,000 at the incep-
 tion  of each tier, with the Tier 5 limit increasing 3% annually and the
 Tier 6 limit increasing annually with inflation.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase in the annual contributions of  any
 electing county of 0.4% of affected correction officers' salary for Tier
 5  and  1.0%  of affected correction officers' salary for Tier 6 for the
 fiscal year ending March 31, 2025. 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  5.4%  of affected
 correction officers' salary, which will be borne by any electing  county
 as  a  one-time payment. This estimate assumes that payment will be made
 on February 1, 2025.
   Further,  we  anticipate  administrative  costs   to   implement   the
 provisions of this legislation.
   The  exact  number  of  current  members as well as future members who
 could be affected by this  legislation  cannot  be  readily  determined.
 Prior to electing to provide these benefits, an eligible county would be
 required  to submit a roster of individuals in covered titles to the New
 York State and Local Retirement System. This roster  would  be  used  to
 develop  an  exact  cost  for  the individual county electing to provide
 these benefits.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 A. 7252--A                          3
 
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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  February  28,  2024, and intended for use only
 during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-20,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.