Bill Text: NY S03948 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Redefines the term "member" for special retirement plans for sheriffs, undersheriffs and deputy sheriffs in Nassau and Suffolk counties to include a deputy sheriff who is a qualified police officer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-12-11 - SIGNED CHAP.542 [S03948 Detail]

Download: New_York-2015-S03948-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3948--A
           Cal. No. 337
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 24, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- reported favorably from said committee, ordered  to  first  report,
         amended  on  first  report,  ordered  to  a  second report and ordered
         reprinted, retaining its place in the order of second report
       AN ACT to amend the retirement and social security law, in  relation  to
         special  retirement plans for sheriffs, undersheriffs and deputy sher-
         iffs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision a of section 550 of the retirement and social
    2  security law, as added by chapter 165 of the laws of 1995, is amended to
    3  read as follows:
    4    a. 1. "Member" shall mean a person  who  is  employed  as  a  sheriff,
    5  undersheriff  or  deputy sheriff who is engaged directly in criminal law
    6  enforcement activities that aggregate fifty per centum  of  his  or  her
    7  service  and  is  a  police officer under the criminal procedure law, as
    8  certified by the county sheriff, by any county which  elects  by  resol-
    9  ution  duly adopted, to provide the benefits as authorized by this arti-
   10  cle[,].
   11    2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
   12  SION, MEMBER SHALL ALSO INCLUDE A DEPUTY SHERIFF WHO IS A POLICE OFFICER
   13  PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
   14  PROCEDURE LAW AS CERTIFIED BY THE  MUNICIPAL  POLICE  COUNCIL,  PROVIDED
   15  THAT THE EMPLOYER HAS FILED AN ELECTION TO THAT EFFECT PURSUANT TO PARA-
   16  GRAPH  TWO  OF  SUBDIVISION  J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS
   17  ARTICLE.
   18    S 2. Subdivision j of section 552 of the retirement and social securi-
   19  ty law, as added by chapter 165 of the laws of 1995, is amended to  read
   20  as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07744-05-5
       S. 3948--A                          2
    1    j.  1. As used in this section "creditable service" shall include, any
    2  and all services performed as a sheriff, undersheriff or deputy sheriff,
    3  provided, however, that criminal law enforcement service shall  only  be
    4  creditable  when  it  aggregates  fifty per centum or more of his or her
    5  service as a deputy sheriff.
    6    2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
    7  SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-
    8  TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
    9  INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
   10  POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
   11  THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
   12    3. Credit for service as a member or officer of the state police or as
   13  a paid fireman, policeman or officer of any organized fire department or
   14  police force or department of any  county,  city,  village,  town,  fire
   15  district or police district, or as a criminal investigator in the office
   16  of a district attorney, provided that service as such investigator shall
   17  have  been  rendered  prior to January first, nineteen hundred sixty and
   18  that credit therefor shall not exceed five years, shall also  be  deemed
   19  to  be  creditable  service  and shall be included in computing years of
   20  total service for retirement pursuant to  this  section,  provided  such
   21  service was performed by the member while contributing to the retirement
   22  system  pursuant  to  the provisions of this article or article eight of
   23  this chapter.
   24    S 3. Subdivision h of section 551 of the retirement and social securi-
   25  ty law, as added by chapter 165 of the laws of 1995, is amended to  read
   26  as follows:
   27    h.  1. As used in this section "creditable service" shall include, any
   28  and all services performed as a sheriff, undersheriff or deputy sheriff,
   29  provided, however, that criminal law enforcement service shall  only  be
   30  creditable  when  it  aggregates  fifty per centum or more of his or her
   31  service as a deputy sheriff. Credit for service as a member  or  officer
   32  of  the  state  police or as a paid fireman, policeman or officer of any
   33  organized fire department or police force or department of  any  county,
   34  city,  village, town, fire district or police district, or as a criminal
   35  investigator in the office of a district attorney, provided that service
   36  as such investigator shall have been rendered prior  to  January  first,
   37  nineteen  hundred  sixty  and that credit therefor shall not exceed five
   38  years, shall also be deemed  to  be  creditable  service  and  shall  be
   39  included  in computing years of total service for retirement pursuant to
   40  this section, provided such service was performed by  the  member  while
   41  contributing to the retirement system pursuant to the provisions of this
   42  article or article eight of this chapter.
   43    2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
   44  SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-
   45  TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
   46  INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
   47  POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
   48  THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
   49    S 4. Notwithstanding any other provision of law to the contrary,  none
   50  of  the  provisions  of  this  act shall be subject to the appropriation
   51  requirement of section twenty-five of the retirement and social security
   52  law.
   53    S 5. This act shall take effect immediately.
         FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
         This bill would allow Nassau County and Suffolk  County  to  elect  to
       provide that creditable service on the 20 year retirement plan for sher-
       S. 3948--A                          3
       iffs shall also include all service performed by a deputy sheriff who is
       a  police officer pursuant to subdivision thirty-four of section 1.20 of
       the criminal procedure law as certified by the municipal police council.
         If  this  bill is enacted, this bill could provide service credit on a
       20 year retirement plan or a 25 year retirement plan, where it otherwise
       would not be creditable. However, in  all  likelihood  this  bill  would
       affect very few members. The cost of this bill would be minimal.
         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, 2014  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2014
       Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012, 2013 and 2014 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, 2014
       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 estimate, dated January 28, 2015 and intended for use only during
       the  2015  Legislative  Session, is Fiscal Note No. 2015-51, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System.