Bill Text: NY S08990 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes a member to obtain up to three years of service credit for prior paid police service within the United States with an accredited police agency outside of the state of New York; requires a member to have at least five years of credited service to be eligible to receive such credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08990 Detail]

Download: New_York-2023-S08990-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8990

                    IN SENATE

                                      April 8, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- 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
          prior  police  service with an accredited police agency outside of the
          state of New York

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

     1    Section 1. Subdivision c of section 381-b of the retirement and social
     2  security law is amended by adding a new paragraph 3 to read as follows:
     3    (3)  (i) Prior police service with an accredited police agency outside
     4  of the state of New York. A member, upon application to  the  retirement
     5  system,  may  obtain  a total of up to three years of service credit for
     6  prior police service performed as  a  paid  police  officer  within  the
     7  United  States  but  outside  of  the  state,  provided such service was
     8  performed with an accredited police agency. To  obtain  such  credit,  a
     9  member  shall pay the retirement system, for deposit in the fund used to
    10  accumulate employer contributions, a sum equal to  the  product  of  the
    11  number  of  years  being claimed and the applicable contribution rate of
    12  such member's current tier status earned during  the  twelve  months  of
    13  credited  service  immediately  preceding  the date that the member made
    14  application for credit pursuant to this paragraph.   To be  eligible  to
    15  receive  prior  service credit under this paragraph, a member shall make
    16  application prior to the effective date of such member's retirement.
    17    (ii) A member shall have at least five years of credited service  (not
    18  including  service  granted  hereunder) to be eligible to receive credit
    19  under this paragraph.
    20    § 2. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law. Effective immediately, the addition,  amend-
    22  ment and/or repeal of any rule or regulation necessary for the implemen-
    23  tation  of  this act on its effective date are authorized to be made and
    24  completed on or before such effective date.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow any member of the New  York  State  Division  of
        State Police to be eligible for up to three years of service credit with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14832-04-4

        S. 8990                             2

        the  New  York  State  and  Local  Police  and  Fire  Retirement  System
        (NYSLPFRS) for paid employment as a police officer with  an  "accredited
        police agency" in another state.
          Except  for  military  service,  current law only allows for crediting
        prior service for  periods  of  paid  employment  with  a  participating
        employer in a New York State public retirement system.
          If  this  bill  is  enacted during the 2024 legislative session, it is
        estimated that the past service cost will average approximately  30%  of
        an affected member's most recent 12 months of compensation for each year
        of additional service that is credited. This cost will be reduced by any
        contributions  required to be paid by the member, which are estimated to
        be 3% for Tier 5 members and 6% for Tier 6 members. All remaining  costs
        will  be  billed to the State of New York annually, based on those bene-
        fiting from this provision.
          Further, we anticipate significant administrative costs  to  implement
        the provisions of this legislation.
          The  exact  number  of  current  members as well as future members who
        could be affected by this legislation cannot be readily determined.
          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 April 4, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No. 2024-150,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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