Bill Text: NY S01831 | 2023-2024 | General Assembly | Amended


Bill Title: Increases the age of eligibility for provisional or permanent appointment of certain police officers from thirty-five to forty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-24 - PRINT NUMBER 1831A [S01831 Detail]

Download: New_York-2023-S01831-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1831--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the civil service law, in relation to increasing the age
          of  eligibility  for  provisional  or permanent appointment of certain
          police officers from thirty-five to forty

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (a) of subdivision 1 of section 58 of the civil
     2  service law, as amended by chapter 244 of the laws of 2013,  is  amended
     3  to read as follows:
     4    (a) [he or she] such person is not less than twenty years of age as of
     5  the  date  of appointment nor more than [thirty-five] forty years of age
     6  as of the  date  when  the  applicant  takes  the  written  examination,
     7  provided  that  the maximum age requirement of [thirty-five] forty years
     8  of age as set forth in this paragraph shall not apply to eligible  lists
     9  finalized  pursuant  to an examination administered prior to May thirty-
    10  first, nineteen hundred ninety-nine or a police officer in  the  depart-
    11  ment of environmental conservation, provided, however, that:
    12    (i)  time spent on military duty or on terminal leave, not exceeding a
    13  total of six years, shall be subtracted from the age  of  any  applicant
    14  who  has  passed  [his or her] their [thirty-fifth] fortieth birthday as
    15  provided in subdivision ten-a of section two hundred forty-three of  the
    16  military law;
    17    (ii)  such  maximum age requirement of [thirty-five] forty years shall
    18  not apply to any police officer as defined in subdivision thirty-four of
    19  section 1.20  of  the  criminal  procedure  law,  who  was  continuously
    20  employed  by  the  Buffalo  municipal  housing authority between January

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05590-02-4

        S. 1831--A                          2

     1  first, two thousand five and June thirtieth, two thousand five  and  who
     2  takes  the  next  written  exam offered after the effective date of this
     3  subparagraph by the city of Buffalo civil service commission for employ-
     4  ment  as  a  police officer in the city of Buffalo police department, or
     5  June thirtieth, two thousand six, whichever is later; and
     6    (iii) such maximum age requirement of [thirty-five] forty years  shall
     7  not  apply  to  any  police officer of any county, town, city or village
     8  police force not otherwise provided for in this section if the  eligible
     9  list  has  been  exhausted  and  there are no other eligible candidates;
    10  provided, however, the police officer themselves  are  on  the  eligible
    11  list  of  such county, town, city or village and meet all other require-
    12  ments of merit and fitness set forth by this chapter and do  not  exceed
    13  the maximum age of [thirty-nine] forty-four;
    14    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  amend the Civil Service Law to increase the maximum
        age for appointment in the competitive class of the civil service  as  a
        police officer of the department of environmental conservation or of any
        police  force  or  police department of any county, city, town, village,
        housing authority or police district to forty years of  age.  Currently,
        the  maximum  age  for  appointment  into these positions is thirty-five
        years of age.
          If this bill is enacted during the 2024  Legislative  Session,  it  is
        anticipated that there would be a broader group of eligible police offi-
        cers  to  become covered in the New York State and Local Police and Fire
        Retirement System (NYSLPFRS). These members would accrue  benefits  that
        would  be  funded  by  the  normal employer contributions, and we do not
        anticipate any increases in the annual contribution rates for any of the
        participating employers in the NYSLPFRS.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        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, 2023
        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 March 22, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No. 2024-136,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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