Relates to including service rendered by investigators and sworn officers of the waterfront commission of New York harbor in the 20 year retirement plan for officers of the state police; adds investigators and sworn officers to the definition of police officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7689
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the retirement and social security law and the criminal
procedure law, in relation to service rendered by investigators and
sworn officers of the waterfront commission of New York harbor
PURPOSE:
This legislation would amend the Retirement and Social Security Law and
Criminal Procedure Law to provide investigators and sworn officers of
the New York Waterfront Commission with the same pension benefits and
law enforcement powers currently granted to investigators and sworn
officers of the Waterfront Commission of New York Harbor.
SUMMARY OF PROVISIONS:
Section 1 amends Retirement and Social Security Law § 381-b to permit
investigators and sworn officers of the New York Waterfront Commission
to be covered by the retirement and pension plan that the State current-
ly grants to members or officers of the State Police.
Section 2 amends Retirement and Social Security Law § 302 to provide
that service to the Waterfront Commission of New York Harbor and to the
New York Waterfront Commission constitutes "Police or fire service" as
referenced in that Article.
Sections 3, 4, and 5 amend Criminal Procedure Law § 1.20 to provide that
investigators and sworn officers of the New York Waterfront Commission
are police officers.
Section 6 provides that the bill shall take effect immediately, except
that Section 5 shall take effect simultaneously with the law which it
amends.
EXISTING LAW:
Investigators and sworn officers of the Waterfront Commission of New
York Harbor, a bi-state commission established under New York law in
1953, are police officers eligible for the New York Police and Fire
Retirement System. The Waterfront Commission of New York Harbor will
soon be dissolved by New Jersey and, pursuant to part EEE of chapter 58
of the laws of 2023, will be replaced by the New York Waterfront Commis-
sion, with jurisdiction over port terminals in New York State.
JUSTIFICATION:
The New York Waterfront Commission was established to continue the func-
tions, and responsibilities of the Waterfront Commission of New York
Harbor for port terminals in New York State. The current Commission
employs a law enforcement and investigative force that plays a critical
role in anti-corruption efforts in the Harbor. In order for the New York
Waterfront Commission to continue that work, its officers must have the
same duties, powers, and benefits, which this bill would provide.
LEGISLATIVE HISTORY;
This is a new bill.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
The bill takes effect immediately, except that Section 5 shalt take
effect simultaneously with the law which it amends.
STATE OF NEW YORK
________________________________________________________________________
7689
2023-2024 Regular Sessions
IN ASSEMBLY
June 5, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- (at request of the Governor) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the retirement and social security law and the criminal
procedure law, in relation to service rendered by investigators and
sworn officers of the waterfront commission of New York harbor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a and paragraph 1 of subdivision c of section
2 381-b of the retirement and social security law, subdivision a as
3 amended by chapter 684 of the laws of 1971 and paragraph 1 of subdivi-
4 sion c as amended by chapter 581 of the laws of 2001, are amended to
5 read as follows:
6 a. Membership. Every member or officer of the division of state police
7 in the executive department who enters or re-enters service in the divi-
8 sion on or after April first, nineteen hundred sixty-nine, and every
9 investigator or sworn officer employed by the commission created by
10 section six of chapter eight hundred eighty-two of the laws of nineteen
11 hundred fifty-three, constituting the waterfront commission act, as
12 amended, on or after July first, two thousand twenty-three, shall be
13 covered by the provisions of this section, and every member or officer
14 of the division of state police in the executive department in such
15 service on such date may elect to be covered by the provisions of this
16 section by filing an election therefor with the comptroller on or before
17 March thirty-first, nineteen hundred seventy-two. To be effective, such
18 election must be duly executed and acknowledged on a form prepared by
19 the comptroller for that purpose.
20 (1) Police service. In computing the years of total creditable service
21 in such division, full credit shall be given and full allowance shall be
22 made:
23 (i) for service rendered as a police officer or member of a police
24 force or department of a state park authority or commission or an organ-
25 ized police force or department of a county, city, town, village, police
26 district, authority or other participating employer or member of the
27 capital police force in the office of general services while a member of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12012-02-3
A. 7689 2
1 the New York state and local police and fire retirement system, of the
2 New York state and local employees' retirement system or of the New York
3 city police pension fund;
4 (ii) for service rendered as an investigator or sworn officer of the
5 waterfront commission of New York harbor, and for service rendered as an
6 investigator-trainee of the waterfront commission of New York harbor
7 that was creditable under subdivision w of section three hundred eight-
8 y-four-d of this article; and
9 (iii) for all service for which full credit has been given and full
10 allowance made pursuant to the provisions of section three hundred
11 seventy-five-h of this chapter provided, however, that full credit
12 pursuant to the provisions of such section shall mean only such service
13 as would be creditable service pursuant to the provisions of section
14 three hundred eighty-three or section three hundred eighty-three-a or
15 three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
16 en of the laws of nineteen hundred eighty-six of this chapter or pursu-
17 ant to the provisions of title thirteen of the administrative code of
18 the city of New York for any member contributing pursuant to this
19 section who transferred to the division of state police.
20 § 2. Subdivision 11 of section 302 of the retirement and social secu-
21 rity law is amended by adding a new paragraph k to read as follows:
22 k. Service as an investigator or sworn officer of the waterfront
23 commission of New York harbor or the commission created by section six
24 of chapter eight hundred eighty-two of the laws of nineteen hundred
25 fifty-three, constituting the waterfront commission act, as amended.
26 § 3. Paragraph (h) of subdivision 34 of section 1.20 of the criminal
27 procedure law, as amended by chapter 997 of the laws of 1970, is amended
28 to read as follows:
29 (h) An investigator employed by a commission created by an interstate
30 compact, or by section six of chapter eight hundred eighty-two of the
31 laws of nineteen hundred fifty-three, constituting the waterfront
32 commission act, as amended, who is, to a substantial extent, engaged in
33 the enforcement of the criminal laws of this state;
34 § 4. Paragraph (k) of subdivision 34 of section 1.20 of the criminal
35 procedure law, as separately amended by chapters 282 and 877 of the laws
36 of 1974, is amended to read as follows:
37 (k) A sworn officer of a police force of a public authority created by
38 an interstate compact, or by section six of chapter eight hundred eight-
39 y-two of the laws of nineteen hundred fifty-three, constituting the
40 waterfront commission act, as amended;
41 § 5. Paragraph (k) of subdivision 34 of section 1.20 of the criminal
42 procedure law, as amended by section 13 of part BBB of chapter 59 of the
43 laws of 2021, is amended to read as follows:
44 (k) A sworn officer of a police force of a public authority created by
45 an interstate compact, or by section six of chapter eight hundred eight-
46 y-two of the laws of nineteen hundred fifty-three, constituting the
47 waterfront commission act, as amended, where such force is certified in
48 accordance with paragraph (d) of subdivision one of section eight
49 hundred forty-six-h of the executive law;
50 § 6. This act shall take effect immediately; provided, however, that
51 section five of this act shall take effect on the same date and in the
52 same manner as section thirteen of part BBB of chapter 59 of the laws of
53 2021, takes effect.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the Retirement and Social Security Law (RSSL) as
follows:
A. 7689 3
1) Add the titles of investigator and sworn officer employed by the
commission created by Section six of Chapter 882 of the Laws of 1953,
constituting the Waterfront Commission Act, to the definition of member-
ship in Section 381-b,
2) Allow service rendered as an investigator, investigator-trainee or
sworn officer of the Waterfront Commission of New York Harbor to be
creditable under Section 381-b, and
3) Add the titles of investigator and sworn officer of the Waterfront
Commission of New York Harbor to the definition of "police or fire
service" as defined in Section 302.
Additionally, this bill would amend the Criminal Procedure Law by
adding the titles of investigator and sworn officer of the Waterfront
Commission of New York Harbor to the definition of "police officer"
under Section 1.20.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be an increase of approximately $29,000 in the
annual contributions of the State of New York. This estimate assumes
that payment will be made on February 1, 2024.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $979,000 which will be
borne by the State of New York and all local participating employers in
the NYSLPFRS. This estimate assumes that payment will be made on Febru-
ary 1, 2024.
These estimated costs are based on eight affected members employed by
the Waterfront Commission of New York Harbor, with annual salary of
approximately $950,000 as of March 31, 2022.
Along with the direct costs quoted above, insofar as this proposal
allows certain previous service rendered as an investigator, investiga-
tor-trainee or sworn officer of the Waterfront Commission of New York
Harbor to be newly creditable under Section 381-b of the RSSL, addi-
tional past service costs could arise for the current New York State
Troopers covered by that section. It is estimated that such past service
cost will be 25% of an affected member's compensation for each year of
service that is newly credited pursuant to this legislation.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2022
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 June 2, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-175, prepared by
the Actuary for the New York State and Local Retirement System.
