S T A T E   O F   N E W   Y O R K
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                                   4581
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced by Sens. JACKSON, WEBB -- 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
   authorizing an optional twenty-five year retirement plan for uniformed
   court officers and peace officers employed by the unified court system
 
   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. RETIREMENT OF UNIFORMED  COURT  OFFICERS  AND  PEACE  OFFICERS
 EMPLOYED  BY  THE UNIFIED COURT SYSTEM. A. ANY MEMBER WHO IS A UNIFORMED
 COURT OFFICER OR A PEACE OFFICER EMPLOYED BY THE  UNIFIED  COURT  SYSTEM
 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.
   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 THEIR RETIREMENT AND  AN  ADDI-
 TIONAL 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
 SUFFICIENT  TO  PROVIDE SUCH MEMBER WITH A RETIREMENT ALLOWANCE EQUAL TO
 ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY.
   D. AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY  AND
 ALL  SERVICES  PERFORMED AS A UNIFORMED COURT OFFICER OR A PEACE OFFICER
 FOR THE UNIFIED COURT SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01273-02-5
              

 S. 4581                             2
 
   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, SHALL ALSO BE DEEMED TO BE CRED-
 ITABLE SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE
 FOR  RETIREMENT  PURSUANT  TO  THIS  SECTION,  PROVIDED SUCH SERVICE WAS
 PERFORMED BY THE MEMBER WHILE  CONTRIBUTING  TO  THE  RETIREMENT  SYSTEM
 PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE OR ARTICLE EIGHT OF THIS
 CHAPTER.
   F. 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 SUCH MEMBER'S ACCUMULATED
 CONTRIBUTIONS AT THE TIME OF THEIR RETIREMENT AND AN ADDITIONAL  PENSION
 WHICH  IS  THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-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
 SUCH MEMBER'S FINAL AVERAGE SALARY;
   G. 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  SUCH  MEMBER'S  ENTRANCE  INTO  THE  ARMED FORCES WAS IN STATE
 SERVICE.
   H. 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.
   I. 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
 S. 4581                             3
 
 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
 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-
 S. 4581                             4
 
 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 UNIFORMED COURT  OFFICER
 OR  A  PEACE  OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM 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  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 occupa-
 tion  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  bene-
 fit  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 OR
 MORE YEARS OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE,  WHO  ARE
 EMPLOYED  AS  UNIFORMED  COURT OFFICERS OR PEACE OFFICERS IN THE UNIFIED
 COURT SYSTEM, AS DEFINED IN SECTION EIGHTY-NINE-Y OF  THIS  CHAPTER  IF:
 (I)  SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIREMENTS UPON RETIRE-
 MENT, 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 OF ENTERING INTO
 SERVICE AS A UNIFORMED COURT OFFICER OR A PEACE OFFICER EMPLOYED BY  THE
 UNIFIED COURT SYSTEM. THE TERM "CREDITABLE SERVICE" SHALL HAVE THE MEAN-
 ING  AS SO DEFINED IN SECTION EIGHTY-NINE-Y AND SUBDIVISION C OF SECTION
 SIX HUNDRED ONE OF THIS CHAPTER.
   § 4. Subdivision a of section 503 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   a. The normal service retirement benefit  specified  in  section  five
 hundred  four of this article shall be payable to general members, other
 than elective members, who have met  the  minimum  service  requirements
 upon  retirement  and  attainment of age sixty-two, provided, however, a
 general member who is a peace officer  employed  by  the  unified  court
 system  or  a member of a teachers' retirement system may retire without
 reduction of [his or her] SUCH MEMBER'S retirement benefit upon  attain-
 S. 4581                             5
 
 ment  of  at  least  fifty-five years of age and completion of thirty or
 more years of service. For members who become members of  the  New  York
 state  and  local  employees' retirement system on or after April first,
 two thousand twelve, the normal service retirement benefits specified in
 section  five  hundred  four of this article shall be payable to general
 members, other than elective members, who have met the  minimum  service
 requirements upon retirement and attainment of age sixty-three; PROVIDED
 THAT,  A  MEMBER  WHO  IS  A  UNIFORMED COURT OFFICER OR A PEACE OFFICER
 EMPLOYED BY THE UNIFIED COURT SYSTEM MAY  RETIRE  WITHOUT  REDUCTION  OF
 SUCH  MEMBER'S RETIREMENT BENEFIT UPON ATTAINMENT OF TWENTY-FIVE OR MORE
 YEARS OF SERVICE IF THEY HAVE ELECTED THE SPECIAL RETIREMENT PLAN  FOUND
 IN SECTION EIGHTY-NINE-Y OF THIS  CHAPTER.
   §  5. 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 FOR A MEMBER  WHO  IS  EMPLOYED  AS  A
 UNIFORMED  COURT OFFICER OR PEACE OFFICER BY THE UNIFIED COURT SYSTEM 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
 UNIFORMED COURT OFFICER OR A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT
 SYSTEM,  BUT NOT EXCEEDING ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALA-
 RY.
   § 6. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to the appropriation requirement
 of section twenty-five of the retirement and social security law.
   §  7.  All  past  service  costs  associated  with  implementing   the
 provisions of this act shall be borne by the state of New York.
   § 8. 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  by the Unified Court System as peace
 officers, including uniformed court officers, to retire upon  completion
 of  twenty-five  years  of creditable service with a benefit of one-half
 final average salary. Additionally, members  covered  under  Article  14
 would be permitted one year to make an irrevocable election to switch to
 the twenty-five-year plan.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate that there will be an increase of approximately $30 million in the
 annual contributions of the State of New York for the fiscal year ending
 March  31,  2026. In future years this cost will vary but is expected to
 average 3.8% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $121 million which  will
 be  borne  by the State of New York as a one-time payment. This estimate
 assumes that payment will be made on March 1, 2026.
   These estimated costs are based on 6,573 affected members employed  by
 the  Unified Court System, with annual salary of approximately $628 mil-
 lion as of March 31, 2024.
   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
 S. 4581                             6
 
 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  February  3,  2025,  and intended for use only
 during the 2025 Legislative Session, is  Fiscal  Note  No.  2025-18.  As
 Chief  Actuary  of  the  New  York State and Local Retirement System, I,
 Aaron Schottin Young, hereby certify that this  analysis  complies  with
 applicable  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.