Bill Text: NY S06131 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to removing the social security offset for New York city uniformed correction officers who are members of the New York city uniformed correction/sanitation revised plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S06131 Detail]

Download: New_York-2019-S06131-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6131--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the retirement and social security law, in  relation  to
          removing  the  social  security  offset  for  New  York city uniformed
          correction officers who are members of the  New  York  city  uniformed
          correction/sanitation revised plan

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

     1    Section 1. Section 505 of the retirement and social security  law,  as
     2  amended  by  chapter  18  of  the  laws  of  2012, is amended to read as
     3  follows:
     4    § 505. Service retirement benefits; police/fire members, New York city
     5  uniformed correction/sanitation revised plan  members  and  investigator
     6  revised  plan  members.  a.  The  normal  service retirement benefit for
     7  police/fire  members,  New  York  city  uniformed  correction/sanitation
     8  revised  plan  members  and  investigator revised plan members at normal
     9  retirement age shall be a pension equal to fifty percent of final  aver-
    10  age salary, less fifty percent of the primary social security retirement
    11  benefit commencing at age sixty-two, as provided in section five hundred
    12  eleven  of  this article, except that for members of the uniformed force
    13  of the New York city department of correction  who  are  New  York  city
    14  uniformed correction/sanitation revised plan members, the normal service
    15  retirement  benefit  shall not be reduced by the primary social security
    16  retirement benefit commencing at age sixty-two as  provided  in  section
    17  five hundred eleven of this article.
    18    b.  The  early service retirement benefit for police/fire members, New
    19  York city  uniformed  correction/sanitation  revised  plan  members  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04266-03-9

        S. 6131--B                          2

     1  investigator  revised  plan  members shall be a pension equal to two and
     2  one-tenths percent of final  average  salary  times  years  of  credited
     3  service  at the completion of twenty years of service or upon attainment
     4  of age sixty-two, increased by one-third of one percent of final average
     5  salary  for  each month of service in excess of twenty years, but not in
     6  excess of fifty percent of final average salary, less fifty  percent  of
     7  the  primary social security retirement benefit commencing at age sixty-
     8  two as  provided  in  section  five  hundred  eleven  of  this  article,
     9  provided,  however, that New York city police/fire revised plan members,
    10  New York city uniformed correction/sanitation revised plan  members  and
    11  investigator  revised  plan  members shall not be eligible to retire for
    12  service prior to the attainment of twenty years of credited service, and
    13  provided further that for members of the uniformed force of the New York
    14  city  department  of  correction  who  are  New  York   city   uniformed
    15  correction/sanitation revised plan members, the early service retirement
    16  benefit  shall  not be reduced by the primary social security retirement
    17  benefit commencing at age sixty-two as provided in section five  hundred
    18  eleven of this article.
    19    c.    A    police/fire    member,    a   New   York   city   uniformed
    20  correction/sanitation revised plan member  or  an  investigator  revised
    21  plan  member  who  retires  with twenty-two years of credited service or
    22  less may become eligible for annual escalation of the service retirement
    23  benefit if he elects to have the payment of his benefit commence on  the
    24  date  he  would have completed twenty-two years and one month or more of
    25  service. In such event, the service retirement benefit shall  equal  two
    26  percent  of final average salary for each year of credited service, less
    27  fifty percent of the primary social security retirement benefit commenc-
    28  ing at age sixty-two as provided in section five hundred eleven of  this
    29  article,  except that for members of the uniformed force of the New York
    30  city  department  of  correction  who  are  New  York   city   uniformed
    31  correction/sanitation revised plan members, the service retirement bene-
    32  fit shall not be reduced by the primary social security retirement bene-
    33  fit  commencing  at  age  sixty-two  as provided in section five hundred
    34  eleven of this article.
    35    § 2. Subdivision f of section 511 of the retirement and social securi-
    36  ty law, as amended by chapter 18 of the laws of 2012, is amended, subdi-
    37  vision g is relettered subdivision h, and a new subdivision g  is  added
    38  to read as follows:
    39    f.  This  section  shall not apply to general members in the uniformed
    40  correction force of the New York city department  of  correction  or  to
    41  uniformed  personnel  in  institutions  under  the  jurisdiction  of the
    42  department of corrections and community supervision and security  hospi-
    43  tal treatment assistants, as those terms are defined in subdivision i of
    44  section  eighty-nine  of  this  chapter,  provided,  however,  that  the
    45  provisions of this section shall apply to [a] New York  city  sanitation
    46  members  of  the  New  York city uniformed correction/sanitation revised
    47  plan [member].
    48    g. This section shall not apply to members of the uniformed  force  of
    49  the  New  York  city  department  of  correction  who  are New York city
    50  uniformed correction/sanitation  revised  plan  members  who  receive  a
    51  service retirement benefit pursuant to section five hundred five of this
    52  article  or  a  deferred vested benefit pursuant to section five hundred
    53  sixteen of this article.
    54    § 3. Subdivision c of section 516 of the retirement and social securi-
    55  ty law, as amended by chapter 18 of the laws of 2012, is amended to read
    56  as follows:

        S. 6131--B                          3

     1    c. The deferred vested benefit of police/fire members, New  York  city
     2  police/fire    revised   plan   members,   New   York   city   uniformed
     3  correction/sanitation revised plan members or investigator revised  plan
     4  members  shall  be a pension commencing at early retirement age equal to
     5  two  and one-tenths percent of final average salary times years of cred-
     6  ited service, less fifty percent of the primary social security  retire-
     7  ment  benefit  commencing  at age sixty-two, as provided in section five
     8  hundred eleven of this article, except that for members of the uniformed
     9  force of the New York city department of correction  who  are  New  York
    10  city  uniformed  correction/sanitation revised plan members, the service
    11  retirement benefit shall not be reduced by the primary  social  security
    12  benefit  commencing at age sixty-two as provided in section five hundred
    13  eleven  of  this  article.  A  police/fire  member,  a  New  York   city
    14  police/fire   revised   plan   member,   a   New   York  city  uniformed
    15  correction/sanitation revised plan member or investigator  revised  plan
    16  member  may  elect  to  receive  his  vested benefit commencing at early
    17  retirement age or age fifty-five. If the vested benefit commences before
    18  early retirement age, the benefit shall be reduced by one-fifteenth  for
    19  each  year,  if any, that the member's early retirement age is in excess
    20  of age sixty, and by one-thirtieth for each additional year by which the
    21  vested benefit commences prior to early retirement age. If  such  vested
    22  benefit is deferred until after such member's normal retirement age, the
    23  benefit  shall  be computed and subject to annual escalation in the same
    24  manner as provided for an early retirement benefit pursuant to  subdivi-
    25  sion c of section five hundred five of this article.
    26    § 4. This act shall take effect immediately.
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