NY State Senate Bill 2023-S6400A

Senate Bill S6400A

2023-2024 Legislative Session

Clarifies provisions related to the overtime ceiling for corrections officers of the Westchester county correction department

download bill text pdf

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2024	recommit, enacting clause stricken
Feb 20, 2024	print number 6400a
Feb 20, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
Apr 18, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S6400 - Details

Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §601, R & SS L

2023-S6400 - Summary

Clarifies provisions related to the overtime ceiling for correction officers of the Westchester county correction department for the purposes of retirement benefits.

2023-S6400 - Sponsor Memo

                                 
BILL NUMBER: S6400

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
the overtime ceiling for correction officers of the Westchester county
correction department

 
PURPOSE:

The purpose of this bill is to move Westchester County correction offi-
cers from the current tier 5 or 6 overtime cap to a straight percentage
cap.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph (e) to subdivision 1 of Section 601 of
the Retirement and Social Security Law to provide that "overtime ceil-
ing" for Westchester County correction officers shall mean 30% of their
regular compensation.

Section 2 says that none of the provisions of this act shall be subject
to the appropriation requirement of Section 25 of the Retirement and
Social Security Law.

Section 3 states that all past service costs associated with implement-
ing the provisions of this act shall be borne by the county of Westches-
ter and may be amortized over a period of ten years.

Section 4 is the effective date.

 
JUSTIFICATION:

Correction Officers have a very unique profession. They face multiple
varied stressful situations every day and are often ordered to work
overtime. This time should be treated the same by the retirement system
as regularly worked hours with respect to pension benefits.  The work is
no less stressful or intensive, whether it is during straight time or
overtime. Furthermore, due to the nature of correction officers' jobs,
they are often ordered to remain on the job and are not at liberty to
leave of their own accord.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6400 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6400
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 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 overtime ceiling for correction officers of the Westchester county
   correction department

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision l of section 601 of the retirement  and  social
 security  law  is  amended  by  adding  a  new  paragraph (e) to read as
 follows:
   (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C)  AND  SUBPARAGRAPH
 ONE  OF  PARAGRAPH (D) OF THIS SUBDIVISION, COMMENCING ON JANUARY FIRST,
 TWO THOUSAND TWENTY-FOUR "OVERTIME CEILING" FOR ANY  CORRECTION  OFFICER
 OF  THE  WESTCHESTER  COUNTY CORRECTION DEPARTMENT AS DEFINED IN SECTION
 EIGHTY-NINE-E OF THIS CHAPTER SHALL MEAN THE GREATER OF: (I)  THE  OVER-
 TIME  CEILING  AS DEFINED IN THIS SUBDIVISION; OR (II) THIRTY PERCENT OF
 THE REGULAR COMPENSATION EARNED BY AND PAID TO SUCH MEMBER BY  WESTCHES-
 TER COUNTY FOR SUCH MEMBER'S SERVICE AS A CORRECTION OFFICER.
   § 2. 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.
   §   3.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the county of  Westchester  and
 may be amortized over a period of ten years.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would change the allowable overtime compensation included in
 the final average salary calculation beginning January 1, 2024 to thirty
 percent  of a member's annual wages if greater than the limits currently
 defined in Section 601 of the Retirement and  Social  Security  Law  for
 Tier 5 and Tier 6 Westchester County correction officers. Current limits
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09747-03-3

 S. 6400                             2
 
 were set at $15,000 at the inception 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 2023 legislative session, we antic-
 ipate  that  there  will be an increase of approximately $430,000 in the
 annual contributions of Westchester 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 $2.63 million which will
 be borne by Westchester County as  a  one-time  payment.  This  estimate
 assumes  that  payment  will be made on February 1, 2024. If Westchester
 County elects to amortize this cost over a 10 year period, the cost  for
 the first year including interest would be $336,000.
   These  estimated  costs  are  based  on 474 affected Tier 5 and Tier 6
 correction officers employed by Westchester County, with  annual  salary
 of approximately $48.3 million as of March 31, 2022.
   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 April 17, 2023, and intended for use only  during
 the  2023  Legislative Session, is Fiscal Note No. 2023-119, prepared by
 the Actuary for the New York State and Local Retirement System.

2023-S6400A (ACTIVE) - Details

Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §601, R & SS L

2023-S6400A (ACTIVE) - Summary

Clarifies provisions related to the overtime ceiling for correction officers of the Westchester county correction department for the purposes of retirement benefits.

2023-S6400A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6400A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
the overtime ceiling for correction officers of the Westchester county
correction department

 
PURPOSE:

The purpose of this bill is to move Westchester County correction offi-
cers from the current tier 5 or 6 overtime cap to a straight percentage
cap.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph (e) to subdivision 1 of Section 601 of
the Retirement and Social Security Law to provide that "overtime ceil-
ing" for Westchester County correction officers shall mean 30% of their
regular compensation.

Section 2 says that none of the provisions of this act shall be subject
to the appropriation requirement of Section 25 of the Retirement and
Social Security Law.

Section 3 states that all past service costs associated with implement-
ing the provisions of this act shall be borne by the county of Westches-
ter and may be amortized over a period of ten years.

Section 4 is the effective date.

 
JUSTIFICATION:

Correction Officers have a very unique profession. They face multiple
varied stressful situations every day and are often ordered to work
overtime. This time should be treated the same by the retirement system
as regularly worked hours with respect to pension benefits.  The work is
no less stressful or intensive, whether it is during straight time or
overtime. Furthermore, due to the nature of correction officers' jobs,
they are often ordered to remain on the job and are not at liberty to
leave of their own accord.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6400A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6400--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the overtime ceiling for correction officers of the Westchester county
   correction department
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision l of section 601 of the retirement and social
 security law is amended by  adding  a  new  paragraph  (e)  to  read  as
 follows:
   (E)  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 CORRECTION OFFICER
 OF THE WESTCHESTER COUNTY CORRECTION DEPARTMENT AS  DEFINED  IN  SECTION
 EIGHTY-NINE-E  OF  THIS CHAPTER SHALL MEAN THE GREATER OF: (I) THE OVER-
 TIME CEILING AS DEFINED IN THIS SUBDIVISION; OR (II) THIRTY  PERCENT  OF
 THE  REGULAR COMPENSATION EARNED BY AND PAID TO SUCH MEMBER BY WESTCHES-
 TER COUNTY FOR SUCH MEMBER'S SERVICE AS A CORRECTION OFFICER.
   § 2. 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.
   §  3.  All  past  service  costs  associated  with  implementing   the
 provisions  of  this act shall be borne by the county of Westchester and
 may be amortized over a period of ten years.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09747-06-4
 S. 6400--A                          2

 
   This bill would change the allowable overtime compensation included in
 the final average salary calculation beginning January 1, 2025 to thirty
 percent of a member's annual wages if greater than the limits  currently
 defined  in  Section  601  of the Retirement and Social Security Law for
 Tier 5 and Tier 6 Westchester County correction officers. Current limits
 were set at $15,000 at the inception 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 of approximately  $500,000  in  the
 annual  contributions  of  the County of Westchester for the fiscal year
 ending March 31, 2025. In future years, this cost will vary as the bill-
 ing rates and salary of the affected members change but is  expected  to
 average 0.8% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $3.05 million which will
 be  borne by the County of Westchester as a one-time payment. This esti-
 mate assumes that payment will be made on February 1, 2025. If the Coun-
 ty of Westchester elects to amortize this cost over  a  10-year  period,
 the cost for each year including interest would be $389,000.
   These  estimated  costs  are  based  on 523 affected Tier 5 and Tier 6
 correction officers employed by the County of Westchester,  with  annual
 salary of approximately $51.9 million as of March 31, 2023.
   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 February 15, 2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-19,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.