S T A T E   O F   N E W   Y O R K
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                                   7613
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. STERN -- 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 members employed as an emergency medical technician,
   critical  care  technician,  advanced  emergency  medical  technician,
   paramedic or supervisor of such  titles  in  a  participating  Suffolk
   county fire district
 
   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-ss to read as follows:
   § 89-SS. RETIREMENT OF MEMBERS EMPLOYED AS AN EMERGENCY MEDICAL  TECH-
 NICIAN, CRITICAL CARE TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN,
 PARAMEDIC OR SUPERVISOR OF SUCH TITLES IN A PARTICIPATING SUFFOLK COUNTY
 FIRE  DISTRICT.  A.  ANY MEMBER EMPLOYED AS AN EMERGENCY MEDICAL TECHNI-
 CIAN, CRITICAL CARE TECHNICIAN, ADVANCED EMERGENCY  MEDICAL  TECHNICIAN,
 PARAMEDIC OR SUPERVISOR OF SUCH TITLES UPON AN ELECTION BY A PARTICIPAT-
 ING SUFFOLK COUNTY FIRE DISTRICT 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.
   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.
                                                            LBD11393-04-3
 A. 7613                             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 AN EMERGENCY MEDICAL TECHNICIAN, CRITICAL CARE
 TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN, PARAMEDIC OR SUPERVI-
 SOR OF SUCH TITLES EMPLOYED  BY  A  PARTICIPATING  SUFFOLK  COUNTY  FIRE
 DISTRICT.
   E.  CREDIT  FOR SERVICE AS A PAID FIREFIGHTER OR OFFICER OF ANY ORGAN-
 IZED FIRE DEPARTMENT 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 THE BENEFIT IS INCREASED BY  ONE-SIXTIETH  OF  FINAL  AVERAGE
 SALARY  FOR  EACH  YEAR  OF ADDITIONAL SERVICE CREDIT PROVIDED, HOWEVER,
 THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT  TO  THIS  SECTION  SHALL  NOT
 EXCEED THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE SALARY.
   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 OR HER ENTRANCE INTO THE ARMED  FORCES  WAS  EMPLOYED  BY  A
 PARTICIPATING SUFFOLK COUNTY FIRE DISTRICT.
   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 OF THIS ARTICLE TO THE CONTRARY.
   J. ANY MEMBER WHO, ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, IS
 EMPLOYED  AS  AN EMERGENCY MEDICAL TECHNICIAN, CRITICAL CARE TECHNICIAN,
 ADVANCED EMERGENCY MEDICAL TECHNICIAN, PARAMEDIC OR SUPERVISOR  OF  SUCH
 TITLES IN A PARTICIPATING SUFFOLK COUNTY FIRE DISTRICT MAY, BY FILING AN
 ELECTION  WITHIN  ONE   YEAR   AFTER THE EFFECTIVE DATE OF THIS SECTION,
 ELECT TO BE SUBJECT TO THE PROVISIONS OF  THIS  SECTION.  SUCH  ELECTION
 SHALL   BE  IN  WRITING, SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
 TROLLER AND SHALL BE IRREVOCABLE.
   § 2. Subdivision a of section 445 of the retirement and social securi-
 ty law, as separately amended by section 4 of part II and section  2  of
 part  KK  of  chapter  55  of  the  laws  of 2023, 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-
 A. 7613                             3

 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,
 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
 A. 7613                             4
 
 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,  chief  fire
 marshal, division supervising  fire  marshal  or  fire  marshal  trainee
 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  sheriff-civil
 as  defined  in  section  eighty-nine-x  of this chapter, EMPLOYED AS AN
 EMERGENCY MEDICAL TECHNICIAN, CRITICAL CARE TECHNICIAN,  ADVANCED  EMER-
 GENCY  MEDICAL  TECHNICIAN,  PARAMEDIC OR SUPERVISOR OF SUCH TITLES IN A
 PARTICIPATING SUFFOLK COUNTY FIRE DISTRICT AS DEFINED IN SECTION  EIGHT-
 Y-NINE-SS  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 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 v to read as follows:
   V. 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 BY A
 PARTICIPATING FIRE DISTRICT THAT MAKES  THE  ELECTION  PROVIDED  FOR  IN
 SUBDIVISION  J OF SECTION EIGHTY-NINE-SS OF THIS CHAPTER AS AN EMERGENCY
 MEDICAL TECHNICIAN, CRITICAL CARE TECHNICIAN, ADVANCED EMERGENCY MEDICAL
 TECHNICIAN, PARAMEDIC OR SUPERVISOR OF SUCH TITLES  IN  A  PARTICIPATING
 SUFFOLK  COUNTY FIRE DISTRICT AS DEFINED IN  SECTION  EIGHTY-NINE-SS  OF
 THIS CHAPTER IF:  (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIRE-
 MENTS  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  WRIT-
 A. 7613                             5
 
 ING,   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  THE  PARTICIPATING  SUFFOLK COUNTY FIRE
 DISTRICT 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-SS  AND  SIX
 HUNDRED ONE OF THIS CHAPTER.
   § 4. Section 604 of the retirement and social security law is  amended
 by adding a new subdivision v to read as follows:
   V.  THE  EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO IS EMPLOYED
 BY A PARTICIPATING FIRE DISTRICT THAT MAKES THE ELECTION PROVIDED FOR IN
 SUBDIVISION J OF SECTION EIGHTY-NINE-SS OF THIS CHAPTER AS AN  EMERGENCY
 MEDICAL TECHNICIAN, CRITICAL CARE TECHNICIAN, ADVANCED EMERGENCY MEDICAL
 TECHNICIAN,  PARAMEDIC  OR  SUPERVISOR OF SUCH TITLES IN A PARTICIPATING
 SUFFOLK COUNTY FIRE DISTRICT AS DEFINED  IN  SECTION  EIGHTY-NINE-SS  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  PARTICIPATING SUFFOLK COUNTY FIRE DISTRICT
 EMERGENCY MEDICAL TECHNICIAN, CRITICAL CARE TECHNICIAN,  ADVANCED  EMER-
 GENCY  MEDICAL  TECHNICIAN,  PARAMEDIC OR SUPERVISOR OF SUCH TITLES, BUT
 NOT EXCEEDING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY;  FOR  SERVICE
 BEYOND  TWENTY-FIVE YEARS THE BENEFITS SHALL INCREASE BY ONE-SIXTIETH OF
 FINAL  AVERAGE  SALARY  FOR  EACH  YEAR  OF  ADDITIONAL  SERVICE  CREDIT
 PROVIDED,  HOWEVER,  THAT  THE  TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS
 SECTION SHALL NOT EXCEED THREE-FOURTHS OF SUCH  MEMBER'S  FINAL  AVERAGE
 SALARY.
   §   5.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the participating Suffolk coun-
 ty fire district.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow fire districts in Suffolk  County  that  partic-
 ipate  in  the  New York State and Local Employees' Retirement System to
 elect to provide individuals employed in the title of emergency  medical
 technician, advanced emergency medical technician, critical care techni-
 cian,  or  paramedic,  and  supervisors  of  these titles, the option to
 retire upon completion of twenty-five years of creditable service with a
 benefit of one-half of final average  salary  (FAS)  and  an  additional
 benefit  of  one-sixtieth  of FAS for each year of creditable service in
 excess of twenty-five years. Members in Tiers 3 -- 6 would be limited to
 15 years of additional one-sixtieths.
   Additionally, for those members covered under the provisions of  Arti-
 cle  14,  this  bill would permit an irrevocable election to forfeit the
 benefits of Article 14 in favor of the 25-year plan benefit  established
 by  this  legislation. Such election must be made within one year of the
 effective date of this bill or within one year of entering service  with
 an electing fire district, whichever comes later.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there will be an increase in the annual contributions of an
 affected fire district of approximately 5% of salary paid  to  employees
 in  covered  titles for the fiscal year ending March 31, 2024. In future
 years, this cost will vary as the billing rates of the affected  members
 change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately 20% of salary paid to
 employees in covered titles, which will be borne by  the  electing  fire
 A. 7613                             6
 
 district  as a one-time payment. This estimate assumes that payment will
 be made on February 1, 2024.
   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  fire  district
 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 fire district  electing
 to provide these benefits.
   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-
 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 May 18, 2023, and intended for  use  only  during
 the  2023  Legislative Session, is Fiscal Note No. 2023-168, prepared by
 the Actuary for the New York State and Local Retirement System.