S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8819--A
 
                             I N  S E N A T E
 
                              March 15, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- 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
   authorizing an optional twenty-five year retirement plan for uniformed
   court officers and peace officers employed by the unified court system
 
   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.  RETIREMENT  OF  UNIFORMED  COURT OFFICERS AND PEACE OFFICERS
 EMPLOYED BY THE UNIFIED COURT SYSTEM. A. ANY MEMBER WHO IS  A  UNIFORMED
 COURT  OFFICER  OR  A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM
 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 SUCH MEMBER'S
 ACCUMULATED  CONTRIBUTIONS  AT THE TIME OF THEIR RETIREMENT AND AN ADDI-
 TIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY TO WHICH SUCH MEMBER MAY THEN BE ENTITLED SHALL BE
 SUFFICIENT TO PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE  EQUAL  TO
 ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY.
   D.  AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
 ALL SERVICES PERFORMED AS A UNIFORMED COURT OFFICER OR A  PEACE  OFFICER
 FOR THE UNIFIED COURT SYSTEM.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14031-04-4
 S. 8819--A                          2
 
 DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY,  CITY,  VILLAGE,
 TOWN, FIRE DISTRICT OR POLICE DISTRICT, SHALL ALSO BE DEEMED TO BE CRED-
 ITABLE SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE
 FOR  RETIREMENT  PURSUANT  TO  THIS  SECTION,  PROVIDED SUCH SERVICE WAS
 PERFORMED BY THE MEMBER WHILE  CONTRIBUTING  TO  THE  RETIREMENT  SYSTEM
 PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE OR ARTICLE EIGHT OF THIS
 CHAPTER.
   F. 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 SUCH MEMBER'S ACCUMULATED
 CONTRIBUTIONS AT THE TIME OF THEIR RETIREMENT AND AN ADDITIONAL  PENSION
 WHICH  IS  THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-
 HOME-PAY TO WHICH SUCH MEMBER MAY THEN BE ENTITLED SHALL  BE  SUFFICIENT
 TO  PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE EQUAL TO ONE-HALF 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  SUCH  MEMBER'S  ENTRANCE  INTO  THE  ARMED FORCES WAS IN STATE
 SERVICE.
   H. 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.
   I. 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-
 ment for disability, unless [he or she] SUCH MEMBER is a police officer,
 an  investigator  member  of  the  New  York  city employees' retirement
 system, firefighter, 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 deputy 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
 S. 8819--A                          3

 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  ambu-
 lance  medical  technician/supervisor or a member who performs ambulance
 medical technician 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 identification officer, as defined in  section  eighty-nine-h
 of  this  chapter  or  is  employed in St. Lawrence county as a sheriff,
 undersheriff, deputy  sheriff  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, deputy 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 ninety-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 added by chapter six hundred three  of  the
 laws of nineteen hundred ninety-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 superi-
 or correction officer as defined in section eighty-nine-v of this  chap-
 ter  as added by chapter five hundred fifty-six of the laws of two thou-
 sand 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 depu-
 ty sheriff-civil as defined in section eighty-nine-x  of  this  chapter,
 employed  as  an emergency medical technician, critical care technician,
 S. 8819--A                          4
 
 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, OR IS A UNIFORMED COURT  OFFICER
 OR  A  PEACE  OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM AS DEFINED IN
 SECTION EIGHTY-NINE-Y 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] SUCH MEMBER  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  bene-
 fit  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 OR
 MORE YEARS OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE,  WHO  ARE
 EMPLOYED  AS  UNIFORMED  COURT OFFICERS OR PEACE OFFICERS IN THE UNIFIED
 COURT SYSTEM, AS DEFINED IN SECTION EIGHTY-NINE-Y OF  THIS  CHAPTER  IF:
 (I)  SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIREMENTS UPON RETIRE-
 MENT, 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  SUCH  MEMBER 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 WRITING, DULY
 EXECUTED AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE YEAR OF  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION OR WITHIN ONE YEAR OF ENTERING INTO
 SERVICE AS A UNIFORMED COURT OFFICER OR A PEACE OFFICER EMPLOYED BY  THE
 UNIFIED COURT SYSTEM. THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEAN-
 ING  AS SO DEFINED IN SECTION EIGHTY-NINE-Y AND SUBDIVISION C OF SECTION
 SIX HUNDRED ONE OF THIS CHAPTER.
   § 4. Subdivision a of section 503 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   a. The normal service retirement benefit  specified  in  section  five
 hundred  four of this article shall be payable to general members, other
 than elective members, who have met  the  minimum  service  requirements
 upon  retirement  and  attainment of age sixty-two, provided, however, a
 general member who is a peace officer  employed  by  the  unified  court
 system  or  a member of a teachers' retirement system may retire without
 reduction of [his or her] SUCH MEMBER'S retirement benefit upon  attain-
 ment  of  at  least  fifty-five years of age and completion of thirty or
 more years of service. For members who become members of  the  New  York
 S. 8819--A                          5
 
 state  and  local  employees' retirement system on or after April first,
 two thousand twelve, the normal service retirement benefits specified in
 section five hundred four of this article shall be  payable  to  general
 members,  other  than elective members, who have met the minimum service
 requirements upon retirement and attainment of age sixty-three; PROVIDED
 THAT, A MEMBER WHO IS A UNIFORMED  COURT  OFFICER  OR  A  PEACE  OFFICER
 EMPLOYED  BY  THE  UNIFIED  COURT SYSTEM MAY RETIRE WITHOUT REDUCTION OF
 SUCH MEMBER'S RETIREMENT BENEFIT UPON ATTAINMENT OF TWENTY-FIVE OR  MORE
 YEARS  OF SERVICE IF THEY HAVE ELECTED THE SPECIAL RETIREMENT PLAN FOUND
 IN SECTION EIGHTY-NINE-Y OF THIS  CHAPTER.
   § 5. 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  FOR A MEMBER WHO IS EMPLOYED AS A
 UNIFORMED COURT OFFICER OR PEACE OFFICER BY THE UNIFIED COURT SYSTEM  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
 UNIFORMED COURT OFFICER OR A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
 SYSTEM, BUT NOT EXCEEDING ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE  SALA-
 RY.
   § 6. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to the appropriation requirement
 of section twenty-five of the retirement and social security law.
   §   7.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the state of New York.
   § 8. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit members of the New York State and Local Employ-
 ees' Retirement System employed by the Unified  Court  System  as  peace
 officers,  including uniformed court officers, to retire upon completion
 of twenty-five years of creditable service with a  benefit  of  one-half
 final  average salary. Additionally, for those members covered under the
 provisions of Article 14 of the Retirement and Social Security Law, 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 effective date of this bill or with-
 in one year of entering employment with the Unified Court System.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of approximately $25 million in the
 annual contributions of the State of New York for the fiscal year ending
 March  31,  2025. In future years this cost will vary but is expected to
 average 3.5% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $115 million which  will
 be  borne  by the State of New York as a one-time payment. This estimate
 assumes that payment will be made on March 1, 2025.
   These estimated costs are based on 6,224 affected members employed  by
 the  Unified  Court  System,  with  annual  salary of approximately $609
 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.
 S. 8819--A                          6
 
   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 April 9, 2024, and intended for use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-153, prepared by
 the Actuary for the New York State and Local Retirement System.