Bill Text: NY A04197 | 2011-2012 | General Assembly | Introduced


Bill Title: Allows state university police officers to transfer to the NYSLPFRS and to be covered by the provisions of a new 25 year half pay retirement plan, with additional one-sixtieths of final average salary for each year of service in excess of twenty-five years, but not exceeding fifteen such years; provides that for tier 2 & 5 members, the additional one-sixtieths can not exceed seven such years.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2012-02-15 - print number 4197a [A04197 Detail]

Download: New_York-2011-A04197-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4197
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced  by  M. of A. McENENY, CANESTRARI, DESTITO, ENGLEBRIGHT, HOYT
         -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, PERRY,  PHEFFER  --
         read once and referred to the Committee on Governmental Employees
       AN  ACT  to  amend  the retirement and social security law and the civil
         service law, in relation to university police  officers  appointed  by
         the state university
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 11 of section 302 of the retirement and  social
    2  security law is amended by adding a new paragraph i to read as follows:
    3    I.  SERVICE  AS  A  UNIVERSITY  POLICE  OFFICER APPOINTED BY THE STATE
    4  UNIVERSITY PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF  SECTION  THREE
    5  HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
    6    S 2. Subdivision d of section 375-f of the retirement and social secu-
    7  rity  law,  as separately amended by chapters 674 and 677 of the laws of
    8  1986, is amended to read as follows:
    9    d. In addition to the retirement allowance provided  pursuant  to  the
   10  plans  set  forth  in sections three hundred eighty-three, three hundred
   11  eighty-three-a [and], three hundred  eighty-three-b  AND  THREE  HUNDRED
   12  EIGHTY-THREE-D  of  this [chapter] ARTICLE, a member of either such plan
   13  who retires on or after April first, nineteen  hundred  sixty-nine  with
   14  more  than  twenty-five  years  of  total  service  shall be entitled to
   15  receive, in addition to the benefits provided pursuant to  [either]  ANY
   16  such  section  and  notwithstanding the limitations of [either] ANY such
   17  section, an additional retirement allowance for such  years  of  service
   18  rendered  in  excess of twenty-five. The additional retirement allowance
   19  for such additional years of service shall be computed as if such member
   20  had been eligible to have  his  OR  HER  retirement  allowance  computed
   21  pursuant  to  the  provisions  of subdivision b of section three hundred
   22  seventy-five-c and of paragraph one of subdivision a  of  section  three
   23  hundred seventy-five-d of this [chapter] TITLE.
   24    S 3. The retirement and social security law is amended by adding a new
   25  section 383-d to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01610-02-1
       A. 4197                             2
    1    S  383-D. ALTERNATE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFICERS
    2  APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE  TERM
    3  "UNIVERSITY  POLICE  OFFICER"  SHALL  MEAN  A PERSON WHO IS SO APPOINTED
    4  PURSUANT TO PARAGRAPH L OF SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
    5  FIFTY-FIVE OF THE EDUCATION LAW.
    6    B.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
    7  BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
    8  OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE AND  LOCAL
    9  EMPLOYEES'  RETIREMENT  SYSTEM  MAY  TRANSFER  TO THE NEW YORK STATE AND
   10  LOCAL POLICE AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT  PURSU-
   11  ANT TO AND BE ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE
   12  WITH  THIS  SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED
   13  TO THE AMOUNT OF SERVICE WHICH WOULD HAVE  BEEN  DEEMED  CREDITABLE  AND
   14  SUCH  MEMBER SHALL BE ENTITLED TO THE AMOUNT OF SERVICE WHICH WOULD HAVE
   15  BEEN DEEMED CREDITABLE HAD SUCH  MEMBER  BEEN  SUBJECT  TO  SUCH  SYSTEM
   16  DURING THE COURSE OF HIS OR HER MEMBERSHIP WITHIN SUCH SYSTEM.  CONTRIB-
   17  UTIONS  TO  SUCH  SYSTEM  SHALL  BE  MADE IN ACCORDANCE WITH APPROPRIATE
   18  PROVISIONS OF LAW RELATING THERETO. APPLICATION FOR SUCH  TRANSFER  MUST
   19  BE MADE TO THE STATE COMPTROLLER ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
   20  THOUSAND TWELVE.  THE PROVISIONS OF SECTION THREE HUNDRED FORTY-THREE OF
   21  THIS  ARTICLE  SHALL APPLY TO ANY MEMBER MAKING APPLICATION FOR TRANSFER
   22  UNDER THIS SUBDIVISION.
   23    C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
   24  TY WHO ELECTS OR IS REQUIRED TO  CONTRIBUTE  UNDER  THIS  SECTION  SHALL
   25  CONTRIBUTE  TO  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
   26  SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
   27    1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE, OR
   28    2. ATTAINMENT OF AGE SIXTY AS  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   29  SERVICE  OF  THE  STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
   30  ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR  OF  TOTAL
   31  CREDITABLE  SERVICE  NOT  IN  EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
   32  SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE  COMP-
   33  TROLLER.
   34    D.  EVERY  EMPLOYEE  ENTERING  OR  RE-ENTERING SERVICE AS A UNIVERSITY
   35  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON  OR  AFTER  THE
   36  EFFECTIVE  DATE  OF  THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
   37  FOR BY THIS SECTION.
   38    E. A MEMBER WHO IS REQUIRED TO  CONTRIBUTE  IN  ACCORDANCE  WITH  THIS
   39  SECTION  SHALL  CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
   40  PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A  PROPOR-
   41  TION  OF  HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED. SUCH LATTER
   42  PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
   43  FIRST BECOME ELIGIBLE FOR RETIREMENT  UNDER  THIS  SECTION,  AN  ANNUITY
   44  EQUAL  TO  ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
   45  YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE  WHEN  HE
   46  OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
   47  CONTRIBUTION  PURSUANT  TO  THIS  SECTION SHALL BE APPROPRIATELY REDUCED
   48  PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF  THIS  ARTICLE  FOR  SUCH
   49  PERIOD  OF  TIME  AS  HIS  OR  HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
   50  SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.  NO  SUCH
   51  MEMBER  SHALL  BE  REQUIRED  TO  CONTINUE CONTRIBUTIONS AFTER COMPLETING
   52  TWENTY-FIVE YEARS OF SUCH SERVICE.
   53    F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME  OF
   54  RETIREMENT,  SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
   55  FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON  THE  ATTAINMENT  OF  AGE
   56  SIXTY  BY  FILING  AN  APPLICATION  THEREFOR IN A MANNER SIMILAR TO THAT
       A. 4197                             3
    1  PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS  ARTICLE.  HE  OR  SHE
    2  SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
    3    1.  AN  ANNUITY  WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
    4  ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
    5    2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH  IS
    6  THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
    7  WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL  EQUAL  ONE-FIFTIETH
    8  OF  HIS  OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
    9  IN SUCH DIVISION. THIS PENSION SHALL NOT EXCEED  THE  AMOUNT  NEEDED  TO
   10  MAKE  THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND
   11  PARAGRAPH ONE OF THIS SUBDIVISION EQUAL TO  ONE-HALF  OF  FINAL  AVERAGE
   12  SALARY.
   13    3.  AN  ADDITIONAL  PENSION  EQUAL  TO  THE PENSION FOR ANY CREDITABLE
   14  SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY  POLICE  OFFICER  IN
   15  THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
   16  THREE  OF  SUBDIVISION  A  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
   17  ARTICLE. THIS PENSION SHALL:
   18    (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE  TIME
   19  OF  RETIREMENT  AND  HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
   20  UNIVERSITY POLICE OFFICER IN THE SERVICE OF  THE  STATE  UNIVERSITY  FOR
   21  WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
   22    (II)  NOT  INCREASE  THE  TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
   23  HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
   24  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY.
   25    FOR THE PURPOSE ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED
   26  HEREIN, THE ANNUITY SHALL BE COMPUTED AS IT WOULD BE:
   27    (A) IF NOT REDUCED BY THE  ACTUARIAL  EQUIVALENT  OF  ANY  OUTSTANDING
   28  LOAN, AND
   29    (B)  IF  NOT  INCREASED  BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
   30  CONTRIBUTIONS, AND
   31    (C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE  HIS
   32  OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEMS IN ORDER TO APPLY
   33  THE  AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
   34  OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
   35    G. THE INCREASED PENSIONS  TO  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   36  SERVICE  OF  THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
   37  PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF  SUCH
   38  MEMBERS.  THE  ACTUARY  OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
   39  TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS  TO  RECEIVE  THE  SPECIAL
   40  BENEFITS  PROVIDED  UNDER  THIS  SECTION.  SUCH ADDITIONAL CONTRIBUTIONS
   41  SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING  THE  PROSPECTIVE
   42  SERVICE  OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
   43  SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE  COMPTROLLER,  SUCH
   44  ADDITIONAL  CONTRIBUTIONS  SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
   45  CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED  IN
   46  THE  ANNUAL  APPROPRIATION  OF  THE STATE FOR THE STATE UNIVERSITY. SUCH
   47  AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER  TO  THE  PENSION
   48  ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
   49    H.  IN  COMPUTING  THE  TWENTY-FIVE  YEARS  OF  COMPLETED SERVICE OF A
   50  UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE  UNIVERSITY,  FULL
   51  CREDIT  SHALL  BE  GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
   52  SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO  OF  THIS
   53  CHAPTER,  PROVIDED  SUCH  MEMBER AT THE TIME OF HIS OR HER ENTRANCE INTO
   54  THE ARMED FORCES WAS IN STATE SERVICE.
   55    I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
   56  ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
       A. 4197                             4
    1    J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D,  E  OR  I  OF  THIS
    2  SECTION  TO  THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING
    3  UNIT DESIGNATED AS THE AGENCY LAW ENFORCEMENT SERVICES UNIT  AND  ESTAB-
    4  LISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS
    5  ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
    6  MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND  THIRTEEN,  ELECT  TO
    7  COME  UNDER  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
    8  THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND  FILED  WITH  THE
    9  COMPTROLLER.
   10    K.  COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
   11  DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE EMPLOYER SHALL MAKE
   12  CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST SERVICE  LIABIL-
   13  ITY  COSTS  ASSOCIATED  WITH THE IMPLEMENTATION OF THIS SECTION AS THOSE
   14  COSTS ARE CALCULATED BY THE RETIREMENT  SYSTEM  ACTUARY.  SUCH  CONTRIB-
   15  UTIONS  MAY  BE  MADE,  AT THE ELECTION OF THE EMPLOYER, IN LEVEL DOLLAR
   16  INSTALLMENTS OVER A TEN YEAR PERIOD.
   17    S 4. No employee contributions made to the New York  state  and  local
   18  employees'  retirement system by any state university police officer who
   19  elects to make a transfer pursuant to this act shall be returned to such
   20  officer. Such employee contributions shall be used to  offset  any  past
   21  service costs incurred by operation of the provisions of this act.
   22    S  5.  Notwithstanding  subdivision h of section 343 of the retirement
   23  and social security law, the provisions  of  subdivisions  c  and  d  of
   24  section  343  of  the retirement and social security law shall apply and
   25  the employer contributions reserve shall be transferred from the  appro-
   26  priate  fund or funds of the New York state and local employees' retire-
   27  ment system to the New York state and local police and  fire  retirement
   28  system.
   29    S 6. Subdivisions 1, 2 and 3 and paragraphs (a) and (b) of subdivision
   30  4  of  section  58 of the civil service law, subdivision 1 as amended by
   31  chapter 560 of the laws of 1978, the opening paragraph of subdivision 1,
   32  subdivision 3 and paragraphs (a) and (b) of subdivision 4 as amended  by
   33  chapter  435  of  the  laws  of  1997, paragraph (a) of subdivision 1 as
   34  amended by chapter 346 of the laws of 2008 and subdivision 2 as  amended
   35  by chapter 32 of the laws of 1999, are amended to read as follows:
   36    1.  Notwithstanding  any  other  provision of this law or any general,
   37  special or local law to the contrary, no person shall  be  eligible  for
   38  provisional  or  permanent  appointment  in the competitive class of the
   39  civil service as a police officer of any police force or police  depart-
   40  ment  of any county, city, town, village, housing authority [or], police
   41  district OR OF THE STATE UNIVERSITY OF NEW YORK unless he OR  SHE  shall
   42  satisfy the following basic requirements:
   43    (a)  he  or she is not less than twenty years of age as of the date of
   44  appointment nor more than thirty-five years of age as of the  date  when
   45  the  applicant  takes the written examination, provided that the maximum
   46  age requirement of thirty-five years of age as set forth in  this  para-
   47  graph  shall  not apply to eligible lists finalized pursuant to an exam-
   48  ination administered prior to May thirty-first, nineteen  hundred  nine-
   49  ty-nine FOR THE POLICE OFFICERS DESCRIBED IN THIS SUBDIVISION EXCEPT FOR
   50  POLICE OFFICERS OF THE STATE UNIVERSITY OF NEW YORK AND, WITH RESPECT TO
   51  STATE  UNIVERSITY  POLICE  OFFICERS ONLY, THE MAXIMUM AGE REQUIREMENT OF
   52  THIRTY-FIVE YEARS OF AGE AS SET FORTH IN THIS PARAGRAPH SHALL NOT  APPLY
   53  TO  ELIGIBLE  LISTS  FINALIZED  PURSUANT  TO AN EXAMINATION ADMINISTERED
   54  PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, provided,  however,
   55  that:
       A. 4197                             5
    1    (i)  time spent on military duty or on terminal leave, not exceeding a
    2  total of six years, shall be subtracted from the age  of  any  applicant
    3  who  has passed his or her thirty-fifth birthday as provided in subdivi-
    4  sion ten-a of section two hundred forty-three of the military law;
    5    (ii) such maximum age requirement of thirty-five years shall not apply
    6  to  any  police officer as defined in subdivision thirty-four of section
    7  1.20 of the criminal procedure law, who was continuously employed by the
    8  Buffalo municipal housing authority between January first, two  thousand
    9  five  and June thirtieth, two thousand five and who takes the next writ-
   10  ten exam offered after the effective date of this  subparagraph  by  the
   11  city  of  Buffalo  civil  service  commission for employment as a police
   12  officer in the city of Buffalo police department, or June thirtieth, two
   13  thousand six, whichever is later; and
   14    (iii) such maximum age requirement  of  thirty-five  years  shall  not
   15  apply  to any police officer of any county, town, city or village police
   16  force not otherwise provided for in this section if  the  eligible  list
   17  has been exhausted and there are no other eligible candidates; provided,
   18  however,  the police officer themselves are on the eligible list of such
   19  county, town, city or village and meet all other requirements  of  merit
   20  and  fitness set forth by this chapter and do not exceed the maximum age
   21  of thirty-nine;
   22    (b) he OR SHE is a high school graduate or a holder of a  high  school
   23  equivalency  diploma  issued  by  an  education department of any of the
   24  states of the United States or a holder of a comparable  diploma  issued
   25  by  any commonwealth, territory or possession of the United States or by
   26  the Canal Zone or a holder of a report  from  the  United  States  armed
   27  forces  certifying  his  OR  HER  successful  completion of the tests of
   28  general educational development, high school level;
   29    (c) he OR SHE  satisfies  the  height,  weight  and  physical  fitness
   30  requirements  prescribed by the municipal police training council pursu-
   31  ant to the provisions of section eight hundred forty  of  the  executive
   32  law; and
   33    (d) he OR SHE is of good moral character.
   34    2.  The provisions of this section shall not prevent any county, city,
   35  town,  village,  housing  authority,  transit  authority  [or],   police
   36  district  OR THE STATE UNIVERSITY OF NEW YORK from setting more restric-
   37  tive requirements of eligibility for its  police  officers,  except  the
   38  maximum  age  to  be  a  police  officer as provided in paragraph (a) of
   39  subdivision one of this section.
   40    3. As used in this section, the term "police officer" means  a  member
   41  of  the  regional  state  park  police, THE STATE UNIVERSITY OF NEW YORK
   42  POLICE or a police force, police department, or other organization of  a
   43  county,  city,  town,  village,  housing authority, transit authority or
   44  police district, who is responsible for the prevention and detection  of
   45  crime and the enforcement of the general criminal laws of the state, but
   46  shall  not include any person serving as such solely by virtue of his OR
   47  HER occupying any other office or position, nor shall such term  include
   48  a  sheriff,  under-sheriff,  commissioner of police, deputy or assistant
   49  commissioner of police, chief of police, deputy or  assistant  chief  of
   50  police  or  any  person  having  an equivalent title who is appointed or
   51  employed to exercise equivalent supervisory authority.
   52    (a) Any person who has received provisional or  permanent  appointment
   53  in the competitive class of the civil service as a police officer of the
   54  regional  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE or
   55  any police force  or  police  department  of  any  county,  city,  town,
   56  village,  housing  authority, transit authority or police district shall
       A. 4197                             6
    1  be eligible to resign from any police force or police department, and to
    2  be appointed as a police officer in the same or any other  police  force
    3  or  police  department without satisfying the age requirements set forth
    4  in  paragraph (a) of subdivision one of this section at the time of such
    5  second or subsequent appointment, provided  such  second  or  subsequent
    6  appointment occurs within thirty days of the date of resignation.
    7    (b)  Any  person who has received permanent appointment in the compet-
    8  itive class of the civil service as a police  officer  of  the  regional
    9  state park police, THE STATE UNIVERSITY OF NEW YORK POLICE or any police
   10  force  or  police department of any county, city, town, village, housing
   11  authority, transit authority or police district  shall  be  eligible  to
   12  resign  from  any police force or police department and, subject to such
   13  civil service rules as may be applicable, shall be  eligible  for  rein-
   14  statement  in the same police force or police department or in any other
   15  police force or police department to which he OR SHE  was  eligible  for
   16  transfer, without satisfying the age requirements set forth in paragraph
   17  (a)  of  subdivision  one  of  this  section  at  the time of such rein-
   18  statement, provided such reinstatement occurs within  one  year  of  the
   19  date of resignation.
   20    S  7.  This act shall take effect immediately, provided, however, that
   21  the provisions of subdivisions 1 and  2  of  section  58  of  the  civil
   22  service  law,  as amended by section six of this act, shall not apply to
   23  university police officers in the service of the state university of New
   24  York on or before such effective date.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         This bill would allow State University Police Officers to transfer  to
       the New York State and Local Police and Fire Retirement System and to be
       covered  by  the  provisions  of  a  new  twenty-five (25) year half pay
       retirement plan, with additional one-sixtieths of final  average  salary
       for  each  year  of service in excess of twenty-five (25) years, but not
       exceeding fifteen (15) such years. For Tiers 2 and 5 members, the  addi-
       tional  one-sixtieths can not exceed seven (7) such years. There will be
       no refund of Article 14 or Article 15 member contributions for  officers
       who transfer to the Police and Fire Retirement system.
         If  this bill is enacted, we anticipate that there will be an increase
       of approximately $840,000 in the annual contributions of  the  State  of
       New York for the fiscal year ending March 31, 2012.
         In addition to the annual contributions discussed above, there will be
       an  immediate  past  service  cost  of approximately $8.48 million which
       would be borne by the State of New York. This estimate is based  on  the
       assumption  that  payment will be made on March 1, 2012. If this cost is
       amortized over ten (10) years, the cost for the  first  year,  including
       interest, would be approximately $1.15 million.
         It should be noted that in addition to the increase in annual contrib-
       utions given above, there would be increases in annual contributions for
       future  State  University Police Officers who would be Tier 5 members of
       the New York State and Local Police and Fire  Retirement  System  rather
       than  Tier  5 members of the New York State and Local Employees' Retire-
       ment System.
         These estimated costs are based on  five  hundred  thirty-three  (533)
       State  University  Police  Officers  with  a  total  estimated salary of
       approximately $33.8 million for the fiscal year ending March 31, 2010.
         This estimate, dated January 5, 2011 and intended for use only  during
       the 2011 Legislative Session, is Fiscal Note No. 2011-73 prepared by the
       Actuary  for  the  New York State and Local Employees' Retirement System
       and the New York State and Local Police and Fire Retirement System.
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