Bill Text: NY S07112 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the retirement of members who serve as police medics, police medic supervisors and members who perform police medic related services in the Nassau county police department.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to governmental employees [S07112 Detail]

Download: New_York-2019-S07112-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7112

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2020
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to amend the retirement and social security law, in  relation  to
          the  retirement  of  members  who serve as police medics, police medic
          supervisors and members who perform police medic related  services  in
          the Nassau county police department

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

     1    Section 1. The section heading and subdivisions a  and  d  of  section
     2  89-s  of  the  retirement and social security law, as amended by chapter
     3  578 of the laws of 1998, are amended to read as follows:
     4    Retirement of members who  serve  as  ambulance  medical  technicians,
     5  ambulance  medical  technician/supervisors  [and],  members  who perform
     6  ambulance medical technician related  services,  police  medics,  police
     7  medic  supervisors and members who perform police medic related services
     8  in the Nassau county police department.
     9    a. Any member who serves as an ambulance medical technician, ambulance
    10  medical technician/supervisor or a member who performs ambulance medical
    11  technician related services, or a police medic, police medic  supervisor
    12  or  a  member who performs police medic related services and is employed
    13  in the Nassau county police  department  shall  be  eligible  to  retire
    14  pursuant to the provisions of this section. Such eligibility shall be an
    15  alternative to the eligibility provisions available under any other plan
    16  of this article to which such member is subject.
    17    d.  As used in this section "creditable service" shall include any and
    18  all services performed as an  ambulance  medical  technician,  ambulance
    19  medical  technician/supervisor  or member who performs ambulance medical
    20  technician related services, or a police medic, police medic  supervisor
    21  or  a  member  who  performs police medic related services in the Nassau
    22  county police department.
    23    § 2. Subdivision a of section 445 of the retirement and social securi-
    24  ty law, as amended by chapter 476 of the laws of  2018,  is  amended  to
    25  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14191-02-0

        S. 7112                             2

     1    a.  No  member of a retirement system who is subject to the provisions
     2  of this article shall retire without regard to age, exclusive of retire-
     3  ment for disability, unless he or she is a police officer,  an  investi-
     4  gator  member  of  the New York city employees' retirement system, fire-
     5  fighter,  correction  officer, a qualifying member as defined in section
     6  eighty-nine-t, as added by chapter six hundred fifty-seven of  the  laws
     7  of  nineteen hundred ninety-eight, of this chapter, sanitation worker, a
     8  special officer (including persons employed by the city of New  York  in
     9  the  title  urban  park  ranger  or associate urban park ranger), school
    10  safety agent, campus peace officer or a taxi  and  limousine  commission
    11  inspector  member  of  the New York city employees' retirement system or
    12  the New York city board of education  retirement  system,  a  dispatcher
    13  member  of  the  New  York  city  employees' retirement system, a police
    14  communications member of the New York city employees' retirement system,
    15  an EMT member of the New York city employees' retirement system, a depu-
    16  ty sheriff member of the New York city employees' retirement  system,  a
    17  correction  officer  of  the Westchester county correction department as
    18  defined in section eighty-nine-e of this chapter or employed in  Suffolk
    19  county as a peace officer, as defined in section eighty-nine-s, as added
    20  by  chapter  five  hundred  eighty-eight of the laws of nineteen hundred
    21  ninety-seven,  of  this  chapter,  employed  in  Suffolk  county  as   a
    22  correction officer, as defined in section eighty-nine-f of this chapter,
    23  or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
    24  correction division personnel, sheriff, undersheriff or deputy  sheriff,
    25  as  defined  in  section  eighty-nine-g  of this chapter, or employed in
    26  Nassau county as an ambulance medical technician, an  ambulance  medical
    27  technician/supervisor or a member who performs ambulance medical techni-
    28  cian  related  services, or a police medic, police medic supervisor or a
    29  member who performs police medic related services, as defined in section
    30  eighty-nine-s, as amended by chapter five hundred seventy-eight  of  the
    31  laws  of  nineteen hundred ninety-eight, of this chapter, or employed in
    32  Nassau county as a peace officer, as defined in  section  eighty-nine-s,
    33  as  added  by  chapter  five hundred ninety-five of the laws of nineteen
    34  hundred ninety-seven, of this chapter, or employed in Albany county as a
    35  sheriff, undersheriff, deputy sheriff, correction officer or identifica-
    36  tion officer, as defined in section eighty-nine-h of this chapter or  is
    37  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
    38  iff  or  correction officer, as defined in section eighty-nine-i of this
    39  chapter or is employed in Orleans county  as  a  sheriff,  undersheriff,
    40  deputy   sheriff   or   correction   officer,   as  defined  in  section
    41  eighty-nine-l of this chapter or is employed in Jefferson  county  as  a
    42  sheriff,  undersheriff, deputy sheriff or correction officer, as defined
    43  in section eighty-nine-j of this chapter  or  is  employed  in  Onondaga
    44  county as a deputy sheriff-jail division competitively appointed or as a
    45  correction  officer, as defined in section eighty-nine-k of this chapter
    46  or is employed in a county which makes an election under  subdivision  j
    47  of  section  eighty-nine-p  of  this chapter as a sheriff, undersheriff,
    48  deputy sheriff or correction officer as defined in such section  eighty-
    49  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    50  ty sheriff or correction officer, as defined in section eighty-nine-m of
    51  this  chapter  or  is  a Monroe county deputy sheriff-court security, or
    52  deputy sheriff-jailor as defined in section eighty-nine-n, as  added  by
    53  chapter  five hundred ninety-seven of the laws of nineteen hundred nine-
    54  ty-one, of this chapter or is employed in Greene county  as  a  sheriff,
    55  undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
    56  section eighty-nine-o of this chapter or is a traffic officer  with  the

        S. 7112                             3

     1  town of Elmira as defined in section eighty-nine-q of this chapter or is
     2  employed  by  Suffolk  county  as  a  park police officer, as defined in
     3  section eighty-nine-r of this chapter or is a peace officer employed  by
     4  a  county  probation  department as defined in section eighty-nine-t, as
     5  added by chapter six hundred three of the laws of nineteen hundred nine-
     6  ty-eight, of this chapter or is employed in Rockland county as a  deputy
     7  sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
     8  added by chapter four hundred forty-one of the laws of two thousand one,
     9  or is employed in Rockland county as a superior  correction  officer  as
    10  defined  in  section  eighty-nine-v  of this chapter as added by chapter
    11  five hundred fifty-six of the laws of two thousand one or is a paramedic
    12  employed by the police department in the town of Tonawanda  and  retires
    13  under  the provisions of section eighty-nine-v of this chapter, as added
    14  by chapter four hundred seventy-two of the laws of two thousand one,  or
    15  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
    16  assistant fire marshal, assistant  chief  fire  marshal  or  chief  fire
    17  marshal  employed  by the county of Nassau as defined in section eighty-
    18  nine-w of this chapter and is in a plan which permits immediate  retire-
    19  ment  upon completion of a specified period of service without regard to
    20  age. Except as provided in subdivision c of section four hundred  forty-
    21  five-a  of  this  article,  subdivision c of section four hundred forty-
    22  five-b of this article, subdivision c of  section  four  hundred  forty-
    23  five-c   of   this  article,  subdivision  c  of  section  four  hundred
    24  forty-five-d of this article, subdivision  c  of  section  four  hundred
    25  forty-five-e  of  this  article,  subdivision  c of section four hundred
    26  forty-five-f of this article and subdivision c of section  four  hundred
    27  forty-five-h  of this article, a member in such a plan and such an occu-
    28  pation, other than a police officer or investigator member  of  the  New
    29  York  city  employees'  retirement system or a firefighter, shall not be
    30  permitted to retire prior to the  completion  of  twenty-five  years  of
    31  credited service; provided, however, if such a member in such an occupa-
    32  tion  is  in  a  plan which permits retirement upon completion of twenty
    33  years of service regardless of age, he or she may retire upon completion
    34  of twenty years of credited service and prior to the completion of twen-
    35  ty-five years of service, but in such event the  benefit  provided  from
    36  funds  other than those based on such a member's own contributions shall
    37  not exceed two per centum of final average salary per each year of cred-
    38  ited service.
    39    § 3. Subdivision o of section 603 of the retirement and social securi-
    40  ty law, as amended by chapter 578 of the laws of  1998,  is  amended  to
    41  read as follows:
    42    o.  The  service  retirement  benefit specified in section six hundred
    43  four of this article shall be payable to  members  with  twenty-five  or
    44  more  years  of  creditable  service,  without  regard  to  age, who are
    45  employed   as   ambulance   medical   technicians,   ambulance   medical
    46  technician/supervisors  or a member who performs ambulance medical tech-
    47  nician related services, or a police medic, police medic supervisor or a
    48  member who performs police medic  related  services  within  the  Nassau
    49  county  police  department,  as defined in section eighty-nine-s of this
    50  chapter if: (i) such members have met the minimum  service  requirements
    51  upon  retirement,  and  (ii)  in  the  case  of  a member subject to the
    52  provisions of article fourteen of this chapter,  such  member  files  an
    53  election  therefor  which provides that he or she will be subject to the
    54  provisions of this article and to none of the provisions of such article
    55  fourteen. Such election, which shall be irrevocable, shall be  in  writ-
    56  ing,  duly executed and shall be filed with the comptroller on or before

        S. 7112                             4

     1  January first, two thousand. For the purposes of this  subdivision,  the
     2  term  "creditable  service" shall have the meaning as so defined in both
     3  sections eighty-nine-s and six hundred one of this chapter.
     4    § 4. Subdivision p of section 604 of the retirement and social securi-
     5  ty  law,  as  amended  by chapter 578 of the laws of 1998, is amended to
     6  read as follows:
     7    p. The early service retirement for a member who  is  employed  as  an
     8  ambulance medical technician, ambulance medical technician/supervisor or
     9  a  member who performs ambulance medical technician related services, or
    10  a police medic, police medic supervisor or a member who performs  police
    11  medic related services as defined in section eighty-nine-s of this chap-
    12  ter,  shall  be  a pension equal to one-fiftieth of final average salary
    13  times years of credited service at the completion of  twenty-five  years
    14  of service, but not exceeding one-half of his or her final average sala-
    15  ry;  for service beyond twenty-five years the benefits shall increase by
    16  one-sixtieth of final average salary for each year of additional service
    17  credit provided, however, that the total allowance payable  pursuant  to
    18  this section shall not exceed three-fourths of such member's final aver-
    19  age salary.
    20    §  5.  The section heading, the opening paragraph of subdivision a and
    21  subdivision g of section 605-e of the  retirement  and  social  security
    22  law, as added by chapter 522 of the laws of 2014, are amended to read as
    23  follows:
    24    Accidental  disability  retirement  for  ambulance  medical technician
    25  supervisors, ambulance medical technician coordinators [and],  ambulance
    26  medical  technicians,  police  medic supervisors, police medic coordina-
    27  tors, and police medics in Nassau county.
    28    A member employed as [a] an ambulance medical  technician  supervisor,
    29  ambulance  medical technician coordinator [and], ambulance medical tech-
    30  nician, police medic supervisor, police  medic  coordinator,  or  police
    31  medic  in  Nassau  county  shall be entitled to an accidental disability
    32  retirement allowance if, at the time application therefor is filed, such
    33  member is:
    34    g. Notwithstanding any other provision  of  law,  this  section  shall
    35  apply  to  ambulance  medical  technician supervisors, ambulance medical
    36  technician coordinators [and],  ambulance  medical  technicians,  police
    37  medic  supervisors,  police  medic  coordinators,  and  police medics in
    38  Nassau county who were hired on or after July  twenty-seventh,  nineteen
    39  hundred seventy-six.
    40    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill will add police medic titles and members who perform police
        medic related services in Nassau County to the ambulance medical techni-
        cian titles eligible for certain retirement benefits.
          If this bill is enacted during the  2020  legislative  session,  there
        will  not be a past service cost as these members were previously in the
        ambulance medical technician titles and covered by the same sections  of
        law.
          There  will be no increase in the annual contributions of Nassau Coun-
        ty.
          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, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.

        S. 7112                             5

          The actuarial assumptions and methods used are described in the  2015,
        2016,  2017, 2018 and 2019 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, 2019
        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 December 6,  2019,  and  intended  for  use  only
        during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-16,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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