S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9844
 
                           I N  A S S E M B L Y
 
                              April 11, 2024
                                ___________
 
 Introduced by M. of A. BYRNES -- 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 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-y to read as follows:
   §  89-Y.  OPTIONAL  TWENTY-FIVE YEAR RETIREMENT PLAN FOR COUNTY POLICE
 COMMUNICATIONS OPERATORS, POLICE  COMMUNICATIONS  OPERATOR  SUPERVISORS,
 ASSISTANT BUREAU DIRECTORS (POLICE 911 COMMUNICATIONS) AND BUREAU DIREC-
 TORS  (POLICE  911 COMMUNICATIONS). A. ANY MEMBER WHO IS A COUNTY POLICE
 COMMUNICATIONS  OPERATOR,  POLICE  COMMUNICATIONS  OPERATOR  SUPERVISOR,
 ASSISTANT BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS) OR BUREAU DIRECTOR
 (POLICE  911  COMMUNICATIONS) IN ANY COUNTY, 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  COMPTROLLER  SHALL
 HAVE  THE AUTHORITY TO INCLUDE POSITIONS HEREIN THAT COMPREHEND THE SAME
 DUTIES AND RESPONSIBILITIES, BUT ARE NAMED DIFFERENTLY.
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13559-04-4
 A. 9844                             2

 (POLICE 911 COMMUNICATIONS) AND BUREAU  DIRECTOR  (POLICE  911  COMMUNI-
 CATIONS).
   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, OR AS A PROBATION ASSISTANT IN A
 COUNTY PROBATION 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. THE CHIEF EXECUTIVE OFFICER IN EACH COUNTY  SHALL  CERTIFY  TO  THE
 COMPTROLLER,  PERIODICALLY  AND  AT  SUCH  INTERVALS  OF  TIME AS MAY BE
 REQUIRED AND IN SUCH FASHION AS MAY BE PRESCRIBED, THE IDENTITY  OF  THE
 ELIGIBLE POLICE COMMUNICATIONS OPERATORS, POLICE COMMUNICATIONS OPERATOR
 SUPERVISORS,  ASSISTANT BUREAU DIRECTORS (POLICE 911 COMMUNICATIONS) AND
 BUREAU DIRECTORS (POLICE 911 COMMUNICATIONS) IN HIS OR HER EMPLOY.
   G. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE  TIME  OF
 RETIREMENT  SHALL  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.
   H. 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 IN THE SERVICE OF
 THE COUNTY OF HIS OR HER EMPLOYER THAT MAKES THE ELECTION  PROVIDED  FOR
 HEREIN.
   I. NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO DOES NOT
 RETIRE  PURSUANT  TO  THE  PROVISIONS  OF  THIS  SECTION, FROM UTILIZING
 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.
   J. 1. EACH COUNTY THAT ELECTS  PURSUANT  TO  THE  PROVISIONS  OF  THIS
 SUBDIVISION SHALL PAY THE COST ATTRIBUTABLE THEREFOR.
   2.  THE  BENEFITS  OF  THIS  SECTION  SHALL BE AVAILABLE ONLY TO THOSE
 MEMBERS DEFINED IN SUBDIVISION A OF THIS SECTION WHOSE  EMPLOYER  ELECTS
 TO  PROVIDE  SUCH  BENEFITS  BY ADOPTING A RESOLUTION TO SUCH EFFECT AND
 FILING A CERTIFIED COPY THEREOF WITH THE  COMPTROLLER.  SUCH  RESOLUTION
 SHALL  BE ACCOMPANIED BY THE AFFIDAVIT OF THE CHIEF EXECUTIVE OFFICER OF
 THE COUNTY THAT THE COUNTY HAS RECEIVED AN ESTIMATE FROM THE  RETIREMENT
 SYSTEM OF THE COST OF THE BENEFIT PROVIDED BY THIS SECTION.
   K. 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 714 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-
 A. 9844                             3
 
 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,
 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
 A. 9844                             4
 
 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,  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, OR IS A COUNTY POLICE COMMUNICATIONS OPERA-
 TOR, POLICE COMMUNICATIONS OPERATOR SUPERVISOR, ASSISTANT BUREAU  DIREC-
 TOR   (POLICE  911  COMMUNICATIONS)  AND  BUREAU  DIRECTOR  (POLICE  911
 COMMUNICATIONS) 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 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 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 credited service.
   § 3. Section 603 of the retirement and social security law is  amended
 by adding a new subdivision w to read as follows:
   W.  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 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 EIGHT-
 Y-NINE-Y 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
 A. 9844                             5

 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  COMP-
 TROLLER  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-Y AND SIX HUNDRED ONE OF THIS
 CHAPTER.
   §  4. Section 604 of the retirement and social security law is amended
 by adding a new subdivision w to read as follows:
   W. THE EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO  IS  EMPLOYED
 AS A COUNTY POLICE COMMUNICATIONS OPERATOR, POLICE COMMUNICATIONS OPERA-
 TOR  SUPERVISOR,  ASSISTANT  BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS)
 AND BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS) AS  DEFINED  IN  SECTION
 EIGHTY-NINE-Y  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; 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 incurred with implementing the  provisions
 of  this  act  shall  be  borne by any county that elects to provide the
 benefits provided by this act.
   § 6. This act shall take effect January 1, 2025.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit counties that participate in the New York State
 and Local Employees' Retirement  System  to  elect  to  provide  members
 employed in the title of police communications operator, police communi-
 cations  operator  supervisor,  assistant  bureau  director  (police 911
 communications) or  bureau  director  (police  911  communications)  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 for
 Tiers 3 through 6 an additional benefit of one-sixtieth of FAS for  each
 year of creditable service in excess of twenty-five years, not to exceed
 fifteen  years.  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  twenty-five-year
 plan  benefit.  Such election must be made within one year of the effec-
 tive date of this bill or within one year of entering employment with an
 electing county in any of the above titles, whichever comes later.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase in the annual contributions  of  an
 electing  county  of approximately 5% of salary paid to eligible members
 for the fiscal year ending March 31, 2025. 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 16% of salary paid to
 eligible members which will be borne by the electing county  as  a  one-
 time  payment. This estimate assumes that payment will be made on Febru-
 ary 1, 2025.
 A. 9844                             6
 
   Further, we anticipate additional 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, a county would be required
 to submit a roster of eligible members to the New York State  and  Local
 Retirement  System. This roster would be used to determine an exact cost
 to the electing county.
   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
 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 March 6, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No.  2024-66,  prepared  by
 the Actuary for the New York State and Local Retirement System.