S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6450
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. BAILEY -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the retirement of county 911 operators
 
   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.  OPTIONAL  TWENTY-FIVE YEAR RETIREMENT PLAN FOR COUNTY POLICE
 COMMUNICATIONS OPERATORS, POLICE  COMMUNICATIONS  OPERATOR  SUPERVISORS,
 ASSISTANT BUREAU DIRECTORS (POLICE 911 COMMUNICATIONS) AND BUREAU DIREC-
 TORS  (POLICE  911 COMMUNICATIONS). A. ANY MEMBER WHO IS A COUNTY POLICE
 COMMUNICATIONS  OPERATOR,  POLICE  COMMUNICATIONS  OPERATOR  SUPERVISOR,
 ASSISTANT BUREAU DIRECTOR (POLICE 911 COMMUNICATIONS) OR BUREAU DIRECTOR
 (POLICE  911 COMMUNICATIONS) IN AN ELECTING COUNTY, 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.  THE
 COMPTROLLER  SHALL  HAVE  THE AUTHORITY TO INCLUDE POSITIONS HEREIN THAT
 COMPREHEND THE SAME DUTIES AND RESPONSIBILITIES, BUT ARE  NAMED  DIFFER-
 ENTLY.
   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 RETIREMENT AND AN ADDITIONAL
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01079-03-5
 A. 6450                             2
              

 
 SUFFICIENT  TO  PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE EQUAL TO
 ONE-HALF OF THEIR FINAL AVERAGE SALARY.
   D.  AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
 ALL SERVICES PERFORMED  AS  A  COUNTY  POLICE  COMMUNICATIONS  OPERATOR,
 POLICE  COMMUNICATIONS  OPERATOR  SUPERVISOR,  ASSISTANT BUREAU DIRECTOR
 (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  SUCH  CHIEF  EXECUTIVE
 OFFICER'S 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  THEIR  ACCUMULATED  CONTRIB-
 UTIONS  AT THE TIME OF RETIREMENT AND AN ADDITIONAL PENSION WHICH IS THE
 ACTUARIAL  EQUIVALENT  OF  THE  RESERVED-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 THEIR 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  THEIR ENTRANCE INTO THE ARMED FORCES WAS IN THE SERVICE OF THE
 COUNTY OF THEIR 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.
 A. 6450                             3
 
   § 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
 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
 A. 6450                             4
 
 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,
 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 COUNTY  POLICE  COMMUNI-
 CATIONS  OPERATOR,  POLICE COMMUNICATIONS OPERATOR SUPERVISOR, ASSISTANT
 BUREAU DIRECTOR (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] 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 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
 A. 6450                             5
 
 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 THEY 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  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 THEIR FINAL AVERAGE SALA-
 RY;  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 AVER-
 AGE 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, 2026.
   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, members covered under Article 14  would  be
 permitted  one  year  to  make  an irrevocable election to switch to the
 twenty-five-year plan benefit.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate that there will be an increase in the annual contributions  of  an
 electing  county  of approximately 6% of salary paid to eligible members
 for the fiscal year ending March 31, 2026. In  future  years  this  cost
 will  vary  as  the  billing  rates  and  salary of the affected members
 change.
 A. 6450                             6
 
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately 17% of  salary  paid  to
 eligible  members  which  will be borne by the electing county as a one-
 time payment.
   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, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report. The actuarial assumptions and methods used are described in  the
 2024  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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 January 22,  2025,  and  intended  for  use  only
 during the 2025 Legislative Session, is Fiscal Note No. 2025-3. As Chief
 Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble Actuarial Standards of Practice as well as the Code of  Professional
 Conduct  and Qualification Standards for Actuaries Issuing Statements of
 Actuarial Opinion of the American Academy of Actuaries, of which I am  a
 member.