Bill Text: NY A07163 | 2009-2010 | General Assembly | Introduced
Bill Title: Allows airport firefighters employed by division of military and naval affairs to retire upon completion of 25 years of creditable service; provides that the benefit upon retirement would be an allowance of one-half of final average salary; provides that there is no reduction for early service retirement.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A07163 Detail]
Download: New_York-2009-A07163-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7163 2009-2010 Regular Sessions I N A S S E M B L Y March 25, 2009 ___________ Introduced by M. of A. ABBATE, DenDEKKER, TOWNSEND, CALHOUN, SALADINO -- Multi-Sponsored by -- M. of A. PHEFFER -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to the retirement of airport firefighters employed by the division of military and naval affairs 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 89-x to read as follows: 3 S 89-X. RETIREMENT OF AIRPORT FIREFIGHTERS IN THE DIVISION OF MILITARY 4 AND NAVAL AFFAIRS. A. ANY MEMBER EMPLOYED BY THE DIVISION OF MILITARY 5 AND NAVAL AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS 6 OF THIS SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, 7 AIRPORT FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III, 8 OR A TRAINING AND SAFETY OFFICER. SUCH ELIGIBILITY SHALL BE AN ALTERNA- 9 TIVE TO THE ELIGIBILITY PROVISIONS AVAILABLE UNDER ANY OTHER PLAN OF 10 THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT. 11 B. SUCH MEMBER SHALL BE ENTITLED TO RETIRE UPON THE COMPLETION OF 12 TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION 13 THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE. 14 C. UPON COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON 15 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER 16 WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 17 ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT AND AN 18 ADDITIONAL PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE 19 RESERVED-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE 20 ENTITLED SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT 21 ALLOWANCE EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY. 22 D. AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND 23 ALL SERVICES PERFORMED AS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10353-01-9 A. 7163 2 1 FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III, OR A 2 TRAINING AND SAFETY OFFICER IN THE DIVISION OF MILITARY AND NAVAL 3 AFFAIRS. 4 E. CREDIT FOR SERVICE AS A MEMBER OR OFFICER OF THE STATE POLICE OR AS 5 A PAID FIREFIGHTER, POLICE OFFICER, OR OFFICER OF ANY ORGANIZED FIRE 6 DEPARTMENT OR POLICE FORCE OR DEPARTMENT OF ANY COUNTY, CITY, VILLAGE, 7 TOWN, FIRE DISTRICT, OR POLICE DISTRICT, OR AS A CRIMINAL INVESTIGATOR 8 IN THE OFFICE OF A DISTRICT ATTORNEY, SHALL ALSO BE DEEMED TO BE CREDIT- 9 ABLE SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE 10 FOR RETIREMENT PURSUANT TO THIS SECTION. 11 F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF 12 RETIREMENT MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF TOTAL 13 CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER SIMI- 14 LAR TO THAT PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE. UPON 15 COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON RETIREMENT, 16 EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY 17 WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER ACCUMULATED 18 CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT AND AN ADDITIONAL 19 PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN- 20 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED SHALL BE SUFFI- 21 CIENT TO PROVIDE HIM OR HER WITH A RETIREMENT ALLOWANCE EQUAL TO 22 ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY. 23 G. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER 24 PURSUANT TO THIS SECTION, FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE 25 SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR 26 I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE 27 TIME OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN THE SERVICE OF 28 THE DIVISION OF MILITARY AND NAVAL AFFAIRS OR AN EMPLOYER AS DEFINED IN 29 SUBDIVISION E OF THIS SECTION. 30 H. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO 31 DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ- 32 ING SERVICE WHICH IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF 33 THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER 34 PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT. 35 I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING 36 ANY OTHER PROVISIONS IN THIS ARTICLE TO THE CONTRARY. 37 S 2. Subdivision a of section 445 of the retirement and social securi- 38 ty law, as amended by chapter 295 of the laws of 2007, is amended to 39 read as follows: 40 a. No member of a retirement system who is subject to the provisions 41 of this article shall retire without regard to age, exclusive of retire- 42 ment for disability, unless he is a [policeman] POLICE OFFICER, an 43 investigator member of the New York city employees' retirement system, 44 [fireman] FIREFIGHTER, correction officer, a qualifying member as 45 defined in section eighty-nine-t, as added by chapter six hundred 46 fifty-seven of the laws of nineteen hundred ninety-eight, of this chap- 47 ter, sanitation [man] WORKER, a special officer (including persons 48 employed by the city of New York in the title urban park ranger or asso- 49 ciate urban park ranger), school safety agent, campus peace officer or a 50 taxi and limousine commission inspector member of the New York city 51 employees' retirement system or the New York city board of education 52 retirement system, a dispatcher member of the New York city employees' 53 retirement system, a police communications member of the New York city 54 employees' retirement system, an EMT member of the New York city employ- 55 ees' retirement system, a deputy sheriff member of the New York city 56 employees' retirement system, a correction officer of the Westchester A. 7163 3 1 county correction department as defined in section eighty-nine-e of this 2 chapter or employed in Suffolk county as a peace officer, as defined in 3 section eighty-nine-s, as added by chapter five hundred eighty-eight of 4 the laws of nineteen hundred ninety-seven, of this chapter, employed in 5 Suffolk county as a correction officer, as defined in section eighty- 6 nine-f of this chapter, or employed in Nassau county as a correction 7 officer, uniformed correction division personnel, sheriff, undersheriff 8 or deputy sheriff, as defined in section eighty-nine-g of this chapter, 9 or employed in Nassau county as an ambulance medical technician, an 10 ambulance medical technician/supervisor or a member who performs ambu- 11 lance medical technician related services, as defined in section eight- 12 y-nine-s, as amended by chapter five hundred seventy-eight of the laws 13 of nineteen hundred ninety-eight, of this chapter, or employed in Nassau 14 county as a peace officer, as defined in section eighty-nine-s, as added 15 by chapter five hundred ninety-five of the laws of nineteen hundred 16 ninety-seven, of this chapter, OR IS EMPLOYED AS AN AIRPORT FIREFIGHTER 17 APPRENTICE, AIRPORT FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIRE- 18 FIGHTER III, OR A TRAINING AND SAFETY OFFICER IN THE DIVISION OF MILI- 19 TARY AND NAVAL AFFAIRS, AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS 20 CHAPTER, or employed in Albany county as a sheriff, undersheriff, deputy 21 sheriff, correction officer or identification officer, as defined in 22 section eighty-nine-h of this chapter or is employed in St. Lawrence 23 county as a sheriff, undersheriff, deputy sheriff or correction officer, 24 as defined in section eighty-nine-i of this chapter or is employed in 25 Orleans county as a sheriff, undersheriff, deputy sheriff or correction 26 officer, as defined in section eighty-nine-l of this chapter or is 27 employed in Jefferson county as a sheriff, undersheriff, deputy sheriff 28 or correction officer, as defined in section eighty-nine-j of this chap- 29 ter or is employed in Onondaga county as a deputy sheriff-jail division 30 competitively appointed or as a correction officer, as defined in 31 section eighty-nine-k of this chapter or is employed in a county which 32 makes an election under subdivision j of section eighty-nine-p of this 33 chapter as a sheriff, undersheriff, deputy sheriff or correction officer 34 as defined in such section eighty-nine-p or is employed in Broome County 35 as a sheriff, undersheriff, deputy sheriff or correction officer, as 36 defined in section eighty-nine-m of this chapter or is a Monroe county 37 deputy sheriff-court security, or deputy sheriff-jailor as defined in 38 section eighty-nine-n, as added by chapter five hundred ninety-seven of 39 the laws of nineteen hundred ninety-one, of this chapter or is employed 40 in Greene county as a sheriff, undersheriff, deputy sheriff or 41 correction officer, as defined in section eighty-nine-o of this chapter 42 or is a traffic officer with the town of Elmira as defined in section 43 eighty-nine-q of this chapter or is employed by Suffolk county as a park 44 police officer, as defined in section eighty-nine-r of this chapter or 45 is a peace officer employed by a county probation department as defined 46 in section eighty-nine-t, as added by chapter six hundred three of the 47 laws of nineteen hundred ninety-eight, of this chapter or is employed in 48 Rockland county as a deputy sheriff-civil as defined in section eighty- 49 nine-v of this chapter as added by chapter four hundred forty-one of the 50 laws of two thousand one, or is employed in Rockland county as a superi- 51 or correction officer as defined in section eighty-nine-v of this chap- 52 ter as added by chapter five hundred fifty-six of the laws of two thou- 53 sand one or is a paramedic employed by the police department in the town 54 of Tonawanda and retires under the provisions of section eighty-nine-v 55 of this chapter, as added by chapter four hundred seventy-two of the 56 laws of two thousand one, or is a county fire marshal, supervising fire A. 7163 4 1 marshal, fire marshal, assistant fire marshal, assistant chief fire 2 marshal or chief fire marshal employed by the county of Nassau as 3 defined in section eighty-nine-w of this chapter and is in a plan which 4 permits immediate retirement upon completion of a specified period of 5 service without regard to age. Except as provided in subdivision c of 6 section four hundred forty-five-a of this article, subdivision c of 7 section four hundred forty-five-b of this article, subdivision c of 8 section four hundred forty-five-c of this article, subdivision c of 9 section four hundred forty-five-d of this article, subdivision c of 10 section four hundred forty-five-e of this article, subdivision c of 11 section four hundred forty-five-f of this article and subdivision c of 12 section four hundred forty-five-h of this article, a member in such a 13 plan and such an occupation, other than a [policeman] POLICE OFFICER or 14 investigator member of the New York city employees' retirement system or 15 a [fireman] FIREFIGHTER, shall not be permitted to retire prior to the 16 completion of twenty-five years of credited service; provided, however, 17 if such a member in such an occupation is in a plan which permits 18 retirement upon completion of twenty years of service regardless of age, 19 he may retire upon completion of twenty years of credited service and 20 prior to the completion of twenty-five years of service, but in such 21 event the benefit provided from funds other than those based on such a 22 member's own contributions shall not exceed two per centum of final 23 average salary per each year of credited service. 24 S 3. Section 603 of the retirement and social security law is amended 25 by adding a new subdivision t to read as follows: 26 T. THE SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED 27 FOUR OF THIS ARTICLE SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE OR 28 MORE YEARS OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE 29 EMPLOYED AS AIRPORT FIREFIGHTERS EMPLOYED BY THE DIVISION OF MILITARY 30 AND NAVAL AFFAIRS, AS DEFINED IN SECTION EIGHTY-NINE-X OF THIS CHAPTER 31 IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIREMENTS UPON 32 RETIREMENT, AND (II) IN THE CASE OF A MEMBER SUBJECT TO THE PROVISIONS 33 OF ARTICLE FOURTEEN OF THIS CHAPTER, SUCH MEMBER FILES AN ELECTION 34 THEREFOR WHICH PROVIDES THAT HE OR SHE WILL BE SUBJECT TO THE PROVISIONS 35 OF THIS ARTICLE AND TO NONE OF THE PROVISIONS OF SUCH ARTICLE FOURTEEN. 36 SUCH ELECTION, WHICH IS IRREVOCABLE, SHALL BE IN WRITING, DULY EXECUTED, 37 AND SHALL BE FILED WITH THE COMPTROLLER WITHIN ONE YEAR OF THE EFFECTIVE 38 DATE OF THIS SUBDIVISION OR WITHIN ONE YEAR AFTER ENTERING THE EMPLOY- 39 MENT WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, WHICHEVER COMES 40 LATER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "CREDITABLE 41 SERVICE" SHALL HAVE THE MEANING AS SO DEFINED IN SECTION EIGHTY-NINE-X 42 OF THIS CHAPTER. 43 S 4. Section 604 of the retirement and social security law is amended 44 by adding a new subdivision u to read as follows: 45 U. THE EARLY SERVICE RETIREMENT FOR A MEMBER WHO MAKES THE ELECTION 46 PROVIDED FOR IN SUBDIVISION F OF SECTION EIGHTY-NINE-X OF THIS CHAPTER 47 SHALL BE A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES 48 YEARS OF CREDITED SERVICE AT THE COMPLETION OF TWENTY-FIVE YEARS OF 49 SERVICE, BUT NOT EXCEEDING ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY. 50 S 5. Any past service costs attributable pursuant to this act shall be 51 borne by the employer. 52 S 6. This act shall take effect immediately; provided that the amend- 53 ments to sections 603 and 604 of the retirement and social security law 54 made by sections three and four of this act shall expire on the same 55 date as such sections expire pursuant to section 615 of such law. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: A. 7163 5 This bill would allow airport firefighters employed by the division of military and naval affairs to retire upon completion of twenty-five (25) years of creditable service. The benefit upon retirement would be an allowance of one-half of final average salary. There would be no reduction for early service retirement. If this bill is enacted, we anticipate that there will be an increase of approximately $65,600 in the annual contributions of the State of New York, for the fiscal year ending March 31, 2010. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $813,000 which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2010.