NY State Senate Bill 2023-S9254

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2024	referred to civil service and pensions

2023-S9254 (ACTIVE) - Details

See Assembly Version of this Bill:: A10136
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §384-d, R & SS L

2023-S9254 (ACTIVE) - Summary

Exempts the chief of police of the town of Southampton, county of Suffolk, from mandatory age requirements; authorizes such chief of police to remain in service until such member has attained the age of 65.

2023-S9254 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9254

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
the mandatory age of the members of the town of Southampton police
department

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the mandatory age of the Chief of the Town of Southampton
Police Department.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision m of Section 384-d of the Retirement and
Social Security Law to permit the Town Board to permit members of the
Southampton Police Department who holds the rank of chief to remain in
service until the age of 65

Section 2. Immediate effective date.

 
JUSTIFICATION:

This legislation was introduced on behalf of the Southampton Town Board
to amend Section 384-d(m) to allow a police officer employed by the Town
of Southampton who holds the rank of chief to remain in active service
until attaining age 65. Currently, such officers must separate from
service after attaining age 60.

By virtue of a court decision interpreting Section 384-d(m) of the
Retirement and Social Security Law, it has been determined that South-
ampton police officers may avoid the mandatory age and separation from
service provisions of said statute by switching to the 25-year retire-
ment plan, which carries a mandatory retirement age of 70.  However, the
Southampton Town Board has found that it is in the public interest to
permit the Town to retain certain more experienced high-ranking officers
to assume the role of the Chief of the Southampton Town Police Depart-
ment without requiring them to switch to the 25-year year retirement
plan. This legislation is necessary to add the necessary provisions to
permit the Southampton Town Board to permit members of the Southampton
Police Department who hold the rank of chief to remain in service until
the age of 65 and remain in the current 20-year retirement plan provided
for in Section 384-d(m) of the Retirement and Social Security Law.

 
PRIOR LEGISLATIVE HISTORY:

2024: New Legislation

 
FISCAL IMPLICATIONS:

The Actuary for the New York State and Local Retirement System estimates
that if this bill is enacted in the 2024 Legislative Session, there
could be additional benefits for certain members who remain in active
service beyond age 60, which would be funded by the normal employer
contributions. If such members delay separation of service due to the
enactment of this bill, the System does not anticipate any increases in
the annual contribution rates for the Town of Southampton.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9254 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9254
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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  mandatory  age  of  the members of the town of Southampton police
   department
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision m of section 384-d of the retirement and social
 security  law, as amended by chapter 476 of the laws of 2015, is amended
 to read as follows:
   m. Notwithstanding any inconsistent provision  of  law,  if  the  town
 board  of  the  town  of Southampton elects to make the benefits of this
 section available to the members of its police department,  each  member
 of  such  department  shall be separated from service upon completion of
 twenty years of service, provided, however,  that  the  town  board  may
 permit  a  member  to  continue  in service on an annual basis after the
 completion of twenty years of service, but in no event shall such annual
 service be continued after a member has attained age sixty  unless  such
 member  has not attained twenty years of service, EXCEPT HOWEVER, THAT A
 MEMBER OF SUCH DEPARTMENT WHO  HOLDS  THE  RANK  OF  CHIEF  WITHIN  SUCH
 DEPARTMENT MAY BE PERMITTED BY THE TOWN BOARD TO REMAIN IN SERVICE UNTIL
 SUCH MEMBER HAS ATTAINED THE AGE OF SIXTY-FIVE.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend subdivision m of Section 384-d of the Retirement
 and  Social  Security Law to allow a police officer employed by the Town
 of Southampton who holds the rank of chief to remain in  active  service
 until  attaining  age  65.  Currently,  such officers must separate from
 service after attaining age 60.
   If this bill is enacted during the  2024  Legislative  Session,  there
 could  be  additional  benefits for certain members who remain in active
 service beyond age 60, which would be  funded  by  the  normal  employer
 contributions.  If  such  members delay separation of service due to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15297-03-4

 S. 9254                             2
 
 enactment of this bill, we do not anticipate any increases in the annual
 contribution rates for the Town of Southampton.
   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 May 3, 2024, and intended for use only during the
 2024 Legislative Session, is Fiscal Note No. 2024-172, prepared  by  the
 Actuary for the New York State and Local Retirement System.

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Senate Bill S9254

Sponsored By

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

2023-S9254 (ACTIVE) - Details

2023-S9254 (ACTIVE) - Summary

2023-S9254 (ACTIVE) - Sponsor Memo

2023-S9254 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9254

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Sponsored By

Anthony H. Palumbo

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

2023-S9254 (ACTIVE) - Details

2023-S9254 (ACTIVE) - Summary

2023-S9254 (ACTIVE) - Sponsor Memo

2023-S9254 (ACTIVE) - Bill Text download pdf

Comments