NY State Senate Bill 2023-S6401A

Senate Bill S6401A

2023-2024 Legislative Session

Clarifies provisions related to overtime ceilings for correction officers who are members of certain retirement plans

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

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
Feb 29, 2024	print number 6401a
Feb 29, 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-S6401 - Details

See Assembly Version of this Bill:: A7252
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§501 & 601, R & SS L

2023-S6401 - Summary

Clarifies provisions related to overtime ceilings for correction officers who are members of certain retirement plans.

2023-S6401 - Sponsor Memo

                                 
BILL NUMBER: S6401

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to move correction officers from the current
tier 5 or 6 overtime cap to a straight percentage cap.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 29 to Section 501 of the Retirement and
Social Security Law to amend the definition of "correction officer."

Section 2 adds a new paragraph (g) to subdivision 24 of Section 501 of
the Retirement and Social Security Law to provide that "overtime ceil-
ing" for county correction officers shall mean 30% of their regular

compensation.

Section 3 adds a new subdivision n to Section 601 of the Retirement and
Social Security Law to amend the definition of "correction officer."

Section 4 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 county correction officers shall mean 30% of their regular
compensation.

Section 5 states 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 6 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-S6401 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6401
 
                        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
   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) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C)  AND  SUBPARAGRAPH
 (A)  OF  PARAGRAPH (E) OF THIS SUBDIVISION, COMMENCING ON JANUARY FIRST,
 TWO THOUSAND TWENTY-FOUR  "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:
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09748-03-3
 S. 6401                             2

 
   § 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)  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  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. 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
 local  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 2023 legislative session, we antic-
 ipate that there will be an increase in the annual contributions of  the
 counties  employing these correction officers of 0.4% of salary for Tier
 5 and 0.9% of salary for Tier 6 for the fiscal  year  ending  March  31,
 2024.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately 5.00% of the affected
 correction officers' compensation which will be borne  by  the  counties
 employing these correction officers as a one-time payment. This estimate
 assumes that payment will be made on February 1, 2024.
   The  exact  number  of members who would be affected by this cannot be
 readily determined.
   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. 2023-120,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2023-S6401A (ACTIVE) - Details

See Assembly Version of this Bill:: A7252
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§501 & 601, R & SS L

2023-S6401A (ACTIVE) - Summary

Clarifies provisions related to overtime ceilings for correction officers who are members of certain retirement plans.

2023-S6401A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6401A

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to move correction officers from the current
tier 5 or 6 overtime cap to a straight percentage cap.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 29 to Section 501 of the Retirement and
Social Security Law to amend the definition of "correction officer."

Section 2 adds a new paragraph (g) to subdivision 24 of Section 501 of
the Retirement and Social Security Law to provide that "overtime ceil-
ing" for county correction officers shall mean 30% of their regular

compensation.

Section 3 adds a new subdivision n to Section 601 of the Retirement and
Social Security Law to amend the definition of "correction officer."

Section 4 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 county correction officers shall mean 30% of their regular
compensation.

Section 5 states 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 6 states that 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.

Section 7 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-S6401A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6401--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
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09748-08-4
 S. 6401--A                          2

 
   §  3. Section 601 of the retirement and social security law is amended
 by adding a new subdivision n to read as follows:
   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:
 S. 6401--A                          3
 
   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  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.

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.