Bill Text: NY A04431 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing a twenty year retirement plan for members or officers of law enforcement; includes every non-seasonally appointed sworn member or officer of the division of law enforcement in the department of environmental conservation, a forest ranger in the service of the department of environmental conservation, a police officer in the department of environmental conservation, the regional state park police, and university police officers in such twenty year plan.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2019-02-27 - reported referred to ways and means [A04431 Detail]

Download: New_York-2019-A04431-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4431
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- 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 twenty year retirement plan for members or officers  of
          law enforcement
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 383-e to read as follows:
     3    § 383-e. Retirement of officers of state law enforcement; twenty  year
     4  retirement  plan.  a.  Membership.  Every non-seasonally appointed sworn
     5  member or officer of the division of law enforcement in  the  department
     6  of  environmental  conservation,  a  forest ranger in the service of the
     7  department of environmental conservation, which shall mean a person  who
     8  serves  on  a  full-time  basis  in the title of forest ranger I, forest
     9  ranger II, forest ranger III, assistant superintendent  of  forest  fire
    10  control,  superintendent  of forest fire control or any successor titles
    11  or new titles in the forest ranger title series  in  the  department  of
    12  environmental  conservation, a police officer in the department of envi-
    13  ronmental conservation, the regional state park police,  and  university
    14  police officers who enter or re-enter service in any such title shall be
    15  covered by the provisions of this section, and every member described in
    16  this  subdivision  in  such  service  on or before one year prior to the
    17  effective date of this section may elect to be covered by the provisions
    18  of this section by filing an election therefor with the comptroller.  To
    19  be  effective, such election must be duly executed and acknowledged on a
    20  form prepared by the comptroller for that purpose.
    21    b. Retirement allowance. A member, covered by the provisions  of  this
    22  section  at  the  time  of  retirement, shall be entitled to retire upon
    23  completion of twenty years of total creditable service in  such  titles,
    24  and  shall  retire  upon  the attainment of the mandatory retirement age
    25  prescribed by this section, by  filing  an  application  therefor  in  a
    26  manner similar to that provided in section three hundred seventy of this
    27  article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05574-02-9

        A. 4431                             2
     1    1.  Upon  completion  of twenty years of such service and upon retire-
     2  ment, each such member shall receive a pension which, together  with  an
     3  annuity  for such years of service as provided in paragraph four of this
     4  subdivision, shall be sufficient to provide him with a retirement allow-
     5  ance of one-half of his final average salary.
     6    2.  Upon completion of more than twenty years of such service and upon
     7  retirement, each such member shall receive, for each year of service  in
     8  excess  of twenty, an additional pension which, together with an annuity
     9  for each such year as provided in paragraph four  of  this  subdivision,
    10  shall  be  equal  to one-sixtieth of his final average salary, provided,
    11  however, that the pension payable pursuant to  this  section  shall  not
    12  exceed three-quarters of final average salary.
    13    3.  Upon attainment of the mandatory retirement age without completion
    14  of twenty years of such  service,  each  such  member  shall  receive  a
    15  pension  which,  together  with  an annuity for such years of service as
    16  provided in paragraph four of this subdivision, shall be equal  to  one-
    17  fortieth of his final average salary for each year of creditable service
    18  in  such  titles.  Every  such member shall also be entitled to an addi-
    19  tional pension equal to the pension for any creditable service  rendered
    20  while  not an employee in such titles as provided under paragraphs three
    21  and four of subdivision a of section three hundred seventy-five of  this
    22  article.  This  latter pension shall not increase the total allowance to
    23  more than one-half of his final average salary.
    24    4. The annuity provided under paragraphs one, two and  three  of  this
    25  subdivision  shall  be  the actuarial equivalent, at the time of retire-
    26  ment, of the member's accumulated contributions based upon the  rate  of
    27  contribution  fixed  under  section  three  hundred eighty-three of this
    28  title and upon the salaries earned while in such service.  Such  annuity
    29  shall be computed as it would be if it were not reduced by the actuarial
    30  equivalent  of  any  outstanding  loan  nor  by  reason  of the member's
    31  election to decrease his contributions toward  retirement  in  order  to
    32  apply  the  resulting amount toward payment of contributions for old age
    33  and survivor's insurance. Any accumulated contributions in excess of the
    34  amount required to provide the annuity computed pursuant to  this  para-
    35  graph shall be used to increase the member's retirement allowance.
    36    c.  Credit for previous service. In computing the years of total cred-
    37  itable service for each member described herein, full  credit  shall  be
    38  given  and full allowance shall be made for service rendered as a police
    39  officer or state university peace officer or member of a police force or
    40  department of a state park  authority  or  commission  or  an  organized
    41  police  force  or  department  of  a county, city, town, village, police
    42  district, authority or other participating employer  or  member  of  the
    43  capital police force in the office of general services while a member of
    44  the  New  York state and local police and fire retirement system, of the
    45  New York state and local employees' retirement system or of the New York
    46  city police pension fund and for all service for which full  credit  has
    47  been given and full allowance made pursuant to the provisions of section
    48  three  hundred  seventy-five-h  of  this article provided, however, that
    49  full credit pursuant to the provisions of such section shall  mean  only
    50  such  service  as would be creditable service pursuant to the provisions
    51  of section three hundred  eighty-three,  three  hundred  eighty-three-a,
    52  three  hundred  eighty-three-b, as added by chapter six hundred seventy-
    53  four of the laws of nineteen hundred eighty-six, three  hundred  eighty-
    54  three-b,  as  added  by chapter six hundred seventy-seven of the laws of
    55  nineteen hundred  eighty-six,  three  hundred  eighty-three-c  or  three
    56  hundred  eighty-three-d  of  this title or pursuant to the provisions of

        A. 4431                             3
     1  title thirteen of the administrative code of the city of  New  York  for
     2  any  member contributing pursuant to this section who transferred to the
     3  jurisdiction of the department of environmental  conservation  including
     4  but  not  limited  to  environmental  conservation  officers  and forest
     5  rangers, regional state park police or  state  university  of  New  York
     6  peace officers.
     7    d.  Retirement  for cause. Upon receipt of a certificate from the head
     8  of the entity where such member is employed or his or  her  designee,  a
     9  member  as  described  in subdivision a of this section, who has accrued
    10  twenty-five or more years of service credit under this section shall  be
    11  retired  on  the  first day of the second month next succeeding the date
    12  such certificate was filed with the comptroller.
    13    e. Credit for military service. In computing the years of total  cred-
    14  itable  service  full  credit shall be given and full allowance shall be
    15  made for service of such member in war after world war I as  defined  in
    16  section  three  hundred two of this article, provided such member at the
    17  time of his or her entrance into the armed forces was in police  service
    18  as  defined  in  subdivision eleven of section three hundred two of this
    19  article.
    20    f. Transfer of membership to employees' retirement system. Any  member
    21  currently  enrolled  pursuant  to this section and who previously trans-
    22  ferred service credit from the  New  York  state  and  local  employees'
    23  retirement  system  to  the  New  York  state  and local police and fire
    24  retirement system, may elect to  transfer  such  previously  transferred
    25  service  credit  back to the New York state and local employees' retire-
    26  ment system, and such member shall  have  the  option  to  retroactively
    27  transfer his or her membership into such employees' retirement system.
    28    g.  The provisions of this section shall be controlling, notwithstand-
    29  ing any provision of this article to the contrary.
    30    §  2.  All  past  service  costs  associated  with  implementing   the
    31  provisions  of  this act shall be borne by the state of New York and may
    32  be amortized over a period of ten years.
    33    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    34  have become a law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  will  allow  any  non-seasonally appointed sworn member or
        officer of the division of law enforcement in the department of environ-
        mental conservation, a police officer in the department of environmental
        conservation, a forest ranger in the department of environmental conser-
        vation, a regional state park police  officer  or  a  university  police
        officer to become covered by the provisions of a special 20 year retire-
        ment  plan,  which  will  provide a benefit of one-half of final average
        salary upon retirement, and an additional  benefit  of  one-sixtieth  of
        final average salary for each year of creditable service in excess of 20
        years, not to exceed 12 such years.
          If  this  bill  is  enacted,  there  will be an increase in the annual
        contributions of the state of New York of approximately $3.1 million for
        the fiscal year ending March 31, 2020.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost to the state of New York of approximately
        $38.0 million. This estimate is based on  the  assumption  that  payment
        will  be made on March 1, 2020. If the State of New York elects to amor-
        tize this cost over a 10-year period, the cost for the first year  would
        be $5.1 million.

        A. 4431                             4
          This  estimate  is based on 1,220 affected officers, with an estimated
        annual salary of approximately $98 million for the  fiscal  year  ending
        March 31, 2018.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          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  23,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-24,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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