LBD13559-04-4
S. 9062 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-
S. 9062 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
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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
S. 9062 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.
S. 9062 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.
