S T A T E   O F   N E W   Y O R K
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                                   7861
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   providing alternative retirement benefits for the police force at Erie
   County Medical Center

   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. ALTERNATIVE RETIREMENT BENEFITS FOR THE POLICE FORCE  AT  ERIE
 COUNTY MEDICAL CENTER. A. FOR PURPOSES OF THIS SECTION:
   1.  "QUALIFYING  MEMBER"  SHALL MEAN ANY MEMBER WHO IS IN SERVICE AS A
 SWORN MEMBER EMPLOYED UNDER THE POLICE DEPARTMENT  OF  THE  ERIE  COUNTY
 MEDICAL CENTER.
   2.  "QUALIFYING  CREDITABLE  SERVICE"  SHALL  MEAN  CREDITABLE SERVICE
 RENDERED WHILE A MEMBER IS A QUALIFYING MEMBER.
   B. 1. ANY QUALIFYING MEMBER, AS  DEFINED  IN  SUBDIVISION  A  OF  THIS
 SECTION,  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 MAY REQUEST CERTIFICATIONS FROM AGEN-
 CY OFFICIALS, AS APPROPRIATE, TO IDENTIFY SUCH ELIGIBLE MEMBERS.
   2. ANY SUCH QUALIFYING MEMBER SHALL BE ENTITLED TO  RETIRE  AFTER  THE
 COMPLETION  OF  TWENTY-FIVE  YEARS  OF  QUALIFYING  CREDITABLE  SERVICE,
 INCLUDING SUCH SERVICE CREDITS TRANSFERRED FROM  ANY  OTHER  PLAN  UNDER
 THIS  ARTICLE,  BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO
 THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE AND IMMEDIATELY COLLECT
 THEIR FULL ANNUITY WITHOUT PENALTY; OR  MEMBERS  SHALL  BE  ELIGIBLE  TO
 RETIRE AND COLLECT THEIR FULL ANNUITY WITHOUT PENALTY UPON COMPLETION OF
 TEN YEARS OF SERVICE AS A SWORN MEMBER EMPLOYED UNDER THE POLICE DEPART-
 MENT  OF  THE  ERIE  COUNTY  MEDICAL  CENTER; PROVIDED, HOWEVER, THAT NO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04280-03-5
              

 A. 7861                             2
 
 MEMBER SHALL BE ELIGIBLE TO RETIRE UNTIL SUCH MEMBER HAS  A  MINIMUM  OF
 TEN YEARS OF QUALIFYING CREDITABLE SERVICE.
   C.  A  MEMBER  RETIRING  UNDER  THE  PROVISIONS  OF THIS SECTION SHALL
 RECEIVE A RETIREMENT ALLOWANCE CONSISTING OF A PENSION EQUAL TO ONE-FIF-
 TIETH OF SUCH MEMBER'S FINAL AVERAGE SALARY FOR EACH YEAR OF  QUALIFYING
 CREDITABLE  SERVICE. THIS RETIREMENT ALLOWANCE SHALL NOT EXCEED SEVENTY-
 FIVE PERCENT OF SUCH MEMBER'S FINAL AVERAGE SALARY.
   D. 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 THE SERVICE CREDIT PURSUANT TO ANY OTHER PLAN OF THIS  ARTI-
 CLE TO WHICH SUCH MEMBER IS SUBJECT.
   E.  ALL  MEMBERS  MAY ELECT TO TRANSFER THEIR YEARS OF SERVICE CREDITS
 FROM ANY OTHER PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS  SUBJECT  TO
 THE  PLAN  DESCRIBED  IN  THIS  SECTION  AND BE ELIGIBLE TO RECEIVE FULL
 SERVICE CREDIT.
   F. THE INCREASED COSTS OF THE BENEFITS PROVIDED FOR  IN  THIS  SECTION
 SHALL BE PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE EMPLOYER.
   G. FOR ALL MEMBERS APPOINTED AFTER THE EFFECTIVE DATE OF THIS SECTION,
 MANDATORY  RETIREMENT  SHALL BE ENFORCED AT AGE SIXTY-TWO WITH NO PENAL-
 TIES OF ANY KIND.
   H. 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
 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
 A. 7861                             3
 
 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,
 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 QUALIFYING MEMBER 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
 A. 7861                             4
 
 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 firefight-
 er, 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 sala-
 ry 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 IS A QUALIFYING MEMBER
 AS DEFINED IN SECTION EIGHTY-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
 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 AFTER ENTERING THE EMPLOYMENT  WITH  ERIE
 COUNTY  MEDICAL  CENTER 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 QUALIFYING MEMBER 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
 MEMBER,  BUT  NOT EXCEEDING THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE
 SALARY.
   § 5. All costs associated with implementing the provisions of this act
 shall be borne by Erie County Medical Center.
   § 6. 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 under the police department of the  Erie
 County  Medical Center to retire upon completion of twenty-five years of
 creditable service with a benefit of one-half of  final  average  salary
 (FAS)  and an additional benefit of one-fiftieth of FAS for each year of
 creditable service in excess of twenty-five years, not to exceed  seven-
 ty-five  percent (75%) of FAS. Additionally, members covered under Arti-
 cle 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 of approximately $250,000 in the
 A. 7861                             5
 
 annual contributions of Erie County Medical Center for the  fiscal  year
 ending  March 31, 2026. In future years this cost will vary as the bill-
 ing rates and salary of the affected members  change.  In  future  years
 this cost will vary but is expected to average 6.0% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $1.32 million which will
 be borne by Erie County Medical Center as a one-time payment. This esti-
 mate assumes that payment will be made on February 1, 2026.
   These  estimated  costs  are  based on 42 affected members employed by
 Erie County Medical Center, with annual  salary  of  approximately  $3.3
 million as of March 31, 2024. The affected members were identified using
 job title codes provided by the office of Senator Sean Ryan.
   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 March 7, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal Note No. 2025-33. As Chief Actu-
 ary of the New York State and Local Retirement System, I, Aaron Schottin
 Young, hereby certify that this analysis complies with applicable  Actu-
 arial  Standards of Practice as well as the Code of Professional Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.