S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8082
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EACHUS, DeSTEFANO, JACOBSON, KELLES, SAYEGH,
   SHIMSKY, BURDICK, CLARK, LEVENBERG, BUTTENSCHON, CONRAD, JONES,  WOER-
   NER,  PHEFFER AMATO, McMAHON, STIRPE, LUNSFORD, GONZALEZ-ROJAS, STERN,
   CUNNINGHAM, SIMPSON, RA, SANTABARBARA, SEAWRIGHT,  BLUMENCRANZ,  BENE-
   DETTO  -- Multi-Sponsored by -- M. of A. ANGELINO, K. BROWN, GALLAHAN,
   GRAY, McDONOUGH, MIKULIN, MORINELLO, SIMON, SMITH  --  read  once  and
   referred to the Committee on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   establishing a retirement service credit for volunteer fire  or  emer-
   gency service
 
   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 article 20-A to read as follows:
 
                               ARTICLE 20-A
       CREDIT FOR NEW YORK STATE VOLUNTEER FIRE OR EMERGENCY SERVICE
 
 SECTION 1050. NEW YORK STATE VOLUNTEER FIRE OR EMERGENCY SERVICE CREDIT.
   § 1050. NEW YORK STATE VOLUNTEER FIRE OR EMERGENCY SERVICE CREDIT.  1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL HAVE THE SAME MEAN-
 ING AS SUCH TERM IS DEFINED  PURSUANT  TO  SUBDIVISION  TWENTY-THREE  OF
 SECTION FIVE HUNDRED ONE OF THIS CHAPTER.
   (B)  "MEMBER" SHALL MEAN A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE
 STATE.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A MEMBER SHALL BE ELIGIBLE
 FOR CREDIT FOR VOLUNTEER FIRE OR EMERGENCY SERVICE AS PROVIDED  PURSUANT
 TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08390-02-5
 A. 8082                             2
              

 
   3.  A  MEMBER,  UPON  APPLICATION TO A PUBLIC RETIREMENT SYSTEM OF THE
 STATE, MAY OBTAIN ONE YEAR OF SERVICE CREDIT FOR  EVERY  FIVE  YEARS  OF
 VOLUNTEER  FIRE  OR  EMERGENCY  SERVICE  PROVIDED IN THE STATE. A MEMBER
 SHALL BE LIMITED UNDER THIS SECTION TO OBTAIN NOT MORE THAN THREE  YEARS
 OF  SERVICE  CREDIT  FOR  A  TOTAL OF FIFTEEN YEARS OF VOLUNTEER FIRE OR
 EMERGENCY SERVICE PROVIDED.    PROOF  OF  VOLUNTEER  FIRE  OR  EMERGENCY
 SERVICE SHALL BE CERTIFIED BY THE VOLUNTEER AGENCY FOR WHICH SUCH MEMBER
 VOLUNTEERED TIME.
   4.  A  MEMBER  SHALL HAVE AT LEAST FIVE YEARS OF CREDITED SERVICE, NOT
 INCLUDING SERVICE GRANTED HEREUNDER, TO BE ELIGIBLE  TO  RECEIVE  CREDIT
 PURSUANT TO THIS SECTION.
   5.  TO  OBTAIN CREDIT PURSUANT TO THIS SECTION, A MEMBER SHALL PAY THE
 APPROPRIATE RETIREMENT SYSTEM, FOR DEPOSIT IN THE FUND USED  TO  ACCUMU-
 LATE EMPLOYER CONTRIBUTIONS, A SUM EQUAL TO THE PRODUCT OF THE NUMBER OF
 YEARS  OF  VOLUNTEER  FIRE OR EMERGENCY SERVICE BEING CREDITED AND THREE
 PERCENT OF SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE MONTHS OF
 CREDITED SERVICE IMMEDIATELY PRECEDING THE DATE THAT  SUCH  MEMBER  MADE
 APPLICATION FOR CREDIT PURSUANT TO THIS SECTION. IF PERMITTED BY RULE OR
 REGULATION  OF  THE  APPLICABLE RETIREMENT SYSTEM, A MEMBER MAY PAY SUCH
 MEMBER COSTS BY PAYROLL DEDUCTION FOR A PERIOD WHICH  SHALL  NOT  EXCEED
 THE  TIME  PERIOD  OF VOLUNTEER FIRE OR EMERGENCY SERVICE TO BE CREDITED
 PURSUANT TO THIS SECTION. IN THE EVENT SUCH MEMBER LEAVES  THE  EMPLOYER
 PAYROLL  PRIOR  TO  COMPLETION OF PAYMENT, SUCH MEMBER SHALL FORWARD ALL
 REMAINING REQUIRED PAYMENTS TO THE APPROPRIATE RETIREMENT  SYSTEM  PRIOR
 TO  THE  EFFECTIVE DATE OF RETIREMENT. IF THE FULL AMOUNT OF SUCH MEMBER
 COSTS IS NOT PAID TO THE APPROPRIATE  RETIREMENT  SYSTEM  PRIOR  TO  THE
 MEMBER'S  RETIREMENT,  THE  AMOUNT  OF SERVICE CREDITED SHALL BE PROPOR-
 TIONAL TO THE TOTAL AMOUNT OF THE PAYMENTS MADE PRIOR TO RETIREMENT.
   6. IN NO EVENT SHALL THE CREDIT GRANTED PURSUANT TO THIS SECTION, WHEN
 ADDED TO CREDIT GRANTED FOR VOLUNTEER FIRE OR EMERGENCY SERVICE WITH ANY
 RETIREMENT SYSTEM OF THIS STATE PURSUANT TO ANY OTHER PROVISION OF  LAW,
 EXCEED A TOTAL OF THREE YEARS.
   7.  TO  BE  ELIGIBLE TO RECEIVE CREDIT FOR VOLUNTEER FIRE OR EMERGENCY
 SERVICE UNDER THIS SECTION, A MEMBER SHALL  MAKE  APPLICATION  FOR  SUCH
 CREDIT BEFORE THE EFFECTIVE DATE OF RETIREMENT.
   8.  ALL  COSTS  FOR  SERVICE  CREDITED  TO  A  MEMBER PURSUANT TO THIS
 SECTION, OTHER THAN THE MEMBER COSTS SET FORTH IN  SUBDIVISION  FIVE  OF
 THIS SECTION, SHALL BE PAID BY THE STATE AND ALL EMPLOYERS WHICH PARTIC-
 IPATE IN THE RETIREMENT SYSTEM IN WHICH SUCH MEMBER IS GRANTED CREDIT.
   9.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, NONE OF THE
 PROVISIONS OF  THIS  SECTION  SHALL  BE  SUBJECT  TO  THE  APPROPRIATION
 REQUIREMENT OF SECTION TWENTY-FIVE OF THIS CHAPTER.
   10.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE EVENT OF DEATH
 PRIOR TO RETIREMENT, AMOUNTS PAID BY A MEMBER FOR THE PURCHASE OF VOLUN-
 TEER FIRE OR EMERGENCY SERVICE CREDIT PURSUANT TO THIS SECTION SHALL  BE
 REFUNDED,  WITH  INTEREST, TO THE EXTENT THE VOLUNTEER FIRE OR EMERGENCY
 SERVICE PURCHASED WITH SUCH AMOUNTS DOES NOT  PRODUCE  A  GREATER  DEATH
 BENEFIT  THAN WOULD HAVE BEEN PAYABLE HAD SUCH MEMBER NOT PURCHASED SUCH
 CREDIT.
   11. SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL BE  CREDITA-
 BLE IN ANY SPECIAL TWENTY OR TWENTY-FIVE YEAR RETIREMENT PLAN.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would allow members of any New York State public retirement
 system to purchase one year of service credit for every  five  years  of
 volunteer  fire  or emergency service provided, not to exceed a total of
 A. 8082                             3
 
 three years of total credit. Members would be required to make a payment
 of three percent of their most recent compensation  per  year  of  addi-
 tional  service credit granted. This bill is not consistent with the New
 York  State  and  Local  Retirement  System's policy of granting service
 credit only when a salary has been paid.
   Members must have at least five years of credited service (not includ-
 ing volunteer service) to be eligible. Members may not be credited  more
 than  one  year for all service provided in a calendar year. Any service
 credit granted would be creditable only in twenty-year and  twenty-five-
 year service-based retirement plans.
   The provisions of Section 25 of the Retirement and Social Security Law
 shall not apply.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS), all costs would be shared by the  State  of
 New  York  and  all  local  participating  employers  in the NYSLERS. If
 enacted during the 2025 Legislative Session, it is  estimated  that  the
 past  service  cost  would be 22 percent of an affected member's compen-
 sation for each year of service credit that is purchased.
   Insofar as this bill affects the New York State and Local  Police  and
 Fire  Retirement  System  (NYSLPFRS),  all  costs would be shared by the
 State of New York and all local participating employers in the NYSLPFRS.
 If enacted during the 2025 Legislative Session, it is estimated that the
 past service cost would be 22 percent of an  affected  member's  compen-
 sation for each year of service credit that is purchased.
   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.
   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 5, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal Note No. 2025-74. 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.