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S08682 Summary:

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S08682 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8682
 
                    IN SENATE
 
                                     March 29, 2022
                                       ___________
 
        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
          the retirement of deputy sheriffs-civil in the county of Monroe
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 89-x to read as follows:
     3    § 89-x. Retirement of deputy sheriffs-civil in Monroe county.    a.  A
     4  member employed in Monroe county shall be eligible to retire pursuant to
     5  the provisions of section eighty-nine-p of this article if the county of
     6  Monroe  elects to make the benefits provided in section eighty-nine-p of
     7  this article available to the sheriff,  undersheriffs,  deputy  sheriffs
     8  and  correction  officers  of  such  county and if he or she is a deputy
     9  sheriff-civil of such county.  Such eligibility shall be an  alternative
    10  to  the  eligibility  provisions  available under any other plan of this
    11  article to which such member is subject.
    12    b. The term "creditable service" shall include any  and  all  services
    13  performed  as a deputy sheriff-civil of Monroe county and other credita-
    14  ble service as defined in subdivisions d and e of section  eighty-nine-p
    15  of this article.
    16    c.  Monroe  county  is  authorized  to adopt a resolution on or before
    17  December  thirty-first,  two  thousand  twenty-three   to   extend   the
    18  provisions  of this section to those members defined in subdivision a of
    19  this section. A certified copy of such resolution must be filed with the
    20  comptroller and may contain an election that any past  service  cost  be
    21  paid  over  either a five-year or ten-year period. Such resolution shall
    22  be accompanied by the affidavit of the chief executive officer of Monroe
    23  county that the county has received  an  estimate  from  the  retirement
    24  system of the cost of the benefit provided by this section.
    25    d.  The  sheriff shall certify to the comptroller, periodically and at
    26  such intervals of time as may be required of him  or  her  and  in  such
    27  fashion  as may be prescribed, the identity of the deputy sheriffs-civil
    28  of Monroe county.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13416-03-2
        S. 8682                             2
 
     1    e. Unless otherwise indicated  in  this  section,  the  provisions  of
     2  section eighty-nine-p of this article shall be controlling.
     3    § 2. Subdivision a of section 445 of the retirement and social securi-
     4  ty  law,  as  amended  by chapter 245 of the laws of 2021, is amended to
     5  read as follows:
     6    a. No member of a retirement system who is subject to  the  provisions
     7  of this article shall retire without regard to age, exclusive of retire-
     8  ment  for  disability, unless he or she is a police officer, an investi-
     9  gator member of the New York city employees'  retirement  system,  fire-
    10  fighter,  correction  officer, a qualifying member as defined in section
    11  eighty-nine-t, as added by chapter six hundred fifty-seven of  the  laws
    12  of  nineteen hundred ninety-eight, of this chapter, sanitation worker, a
    13  special officer (including persons employed by the city of New  York  in
    14  the  title  urban  park  ranger  or associate urban park ranger), school
    15  safety agent, campus peace officer or a taxi  and  limousine  commission
    16  inspector  member  of  the New York city employees' retirement system or
    17  the New York city board of education  retirement  system,  a  dispatcher
    18  member  of  the  New  York  city  employees' retirement system, a police
    19  communications member of the New York city employees' retirement system,
    20  an EMT member of the New York city employees' retirement system, a depu-
    21  ty sheriff member of the New York city employees' retirement  system,  a
    22  correction  officer  of  the Westchester county correction department as
    23  defined in section eighty-nine-e of this chapter or employed in  Suffolk
    24  county as a peace officer, as defined in section eighty-nine-s, as added
    25  by  chapter  five  hundred  eighty-eight of the laws of nineteen hundred
    26  ninety-seven,  of  this  chapter,  employed  in  Suffolk  county  as   a
    27  correction officer, as defined in section eighty-nine-f of this chapter,
    28  or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
    29  correction division personnel, sheriff, undersheriff or deputy  sheriff,
    30  as  defined  in  section  eighty-nine-g  of this chapter, or employed in
    31  Nassau county as an ambulance medical technician, an  ambulance  medical
    32  technician/supervisor or a member who performs ambulance medical techni-
    33  cian  related  services, or a police medic, police medic supervisor or a
    34  member who performs police medic related services, as defined in section
    35  eighty-nine-s, as amended by chapter five hundred seventy-eight  of  the
    36  laws  of  nineteen hundred ninety-eight, of this chapter, or employed in
    37  Nassau county as a peace officer, as defined in  section  eighty-nine-s,
    38  as  added  by  chapter  five hundred ninety-five of the laws of nineteen
    39  hundred ninety-seven, of this chapter, or employed in Albany county as a
    40  sheriff, undersheriff, deputy sheriff, correction officer or identifica-
    41  tion officer, as defined in section eighty-nine-h of this chapter or  is
    42  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
    43  iff  or  correction officer, as defined in section eighty-nine-i of this
    44  chapter or is employed in Orleans county  as  a  sheriff,  undersheriff,
    45  deputy   sheriff   or   correction   officer,   as  defined  in  section
    46  eighty-nine-l of this chapter or is employed in Jefferson  county  as  a
    47  sheriff,  undersheriff, deputy sheriff or correction officer, as defined
    48  in section eighty-nine-j of this chapter  or  is  employed  in  Onondaga
    49  county as a deputy sheriff-jail division competitively appointed or as a
    50  correction  officer, as defined in section eighty-nine-k of this chapter
    51  or is employed in a county which makes an election under  subdivision  j
    52  of  section  eighty-nine-p  of  this chapter as a sheriff, undersheriff,
    53  deputy sheriff or correction officer as defined in such section  eighty-
    54  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    55  ty sheriff or correction officer, as defined in section eighty-nine-m of
    56  this  chapter  or  is  a Monroe county deputy sheriff-court security, or
        S. 8682                             3
 
     1  deputy sheriff-jailor as defined in section eighty-nine-n, as  added  by
     2  chapter  five hundred ninety-seven of the laws of nineteen hundred nine-
     3  ty-one, of this chapter or is employed in Greene county  as  a  sheriff,
     4  undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
     5  section eighty-nine-o of this chapter or is a traffic officer  with  the
     6  town of Elmira as defined in section eighty-nine-q of this chapter or is
     7  employed  by  Suffolk  county  as  a  park police officer, as defined in
     8  section eighty-nine-r of this chapter or is a peace officer employed  by
     9  a  county  probation  department as defined in section eighty-nine-t, as
    10  added by chapter six hundred three of the laws of nineteen hundred nine-
    11  ty-eight, of this chapter or is employed in Rockland county as a  deputy
    12  sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
    13  added by chapter four hundred forty-one of the laws of two thousand one,
    14  or is employed in Rockland county as a superior  correction  officer  as
    15  defined  in  section  eighty-nine-v  of this chapter as added by chapter
    16  five hundred fifty-six of the laws of two thousand one or is a paramedic
    17  employed by the police department in the town of Tonawanda  and  retires
    18  under  the provisions of section eighty-nine-v of this chapter, as added
    19  by chapter four hundred seventy-two of the laws of two thousand one,  or
    20  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
    21  assistant fire marshal, assistant  chief  fire  marshal  or  chief  fire
    22  marshal  employed  by the county of Nassau as defined in section eighty-
    23  nine-w of this chapter or is employed in Monroe county as a deputy sher-
    24  iff-civil as defined in section eighty-nine-x of this chapter and is  in
    25  a plan which permits immediate retirement upon completion of a specified
    26  period  of service without regard to age. Except as provided in subdivi-
    27  sion c of section four hundred forty-five-a of this article, subdivision
    28  c of section four hundred forty-five-b of this article, subdivision c of
    29  section four hundred forty-five-c of  this  article,  subdivision  c  of
    30  section  four  hundred  forty-five-d  of  this article, subdivision c of
    31  section four hundred forty-five-e of  this  article,  subdivision  c  of
    32  section  four  hundred forty-five-f of this article and subdivision c of
    33  section four hundred forty-five-h of this article, a member  in  such  a
    34  plan and such an occupation, other than a police officer or investigator
    35  member of the New York city employees' retirement system or a firefight-
    36  er,  shall not be permitted to retire prior to the completion of twenty-
    37  five years of credited service; provided, however, if such a  member  in
    38  such an occupation is in a plan which permits retirement upon completion
    39  of  twenty years of service regardless of age, he or she may retire upon
    40  completion of  twenty  years  of  credited  service  and  prior  to  the
    41  completion  of twenty-five years of service, but in such event the bene-
    42  fit provided from funds other than those based on such  a  member's  own
    43  contributions  shall  not  exceed two per centum of final average salary
    44  per each year of credited service.
    45    § 3. Section 603 of the retirement and social security law is  amended
    46  by adding a new subdivision u to read as follows:
    47    u.  The  service  retirement  benefit specified in section six hundred
    48  four of this article shall be payable to  members  with  twenty-five  or
    49  more  years  of  creditable  service,  without  regard  to  age, who are
    50  employed as deputy  sheriffs-civil  in  Monroe  county,  as  defined  in
    51  section  eighty-nine-x of this chapter if: (i) such members have met the
    52  minimum service requirements upon retirement, and (ii) in the case of  a
    53  member  subject  to  the provisions of article fourteen of this chapter,
    54  such member files an election therefor which provides  that  he  or  she
    55  will  be  subject  to  the provisions of this article and to none of the
    56  provisions of such article fourteen. Such election, which shall be irre-
        S. 8682                             4
 
     1  vocable, shall be in writing, duly executed and shall be filed with  the
     2  comptroller  on  or  before  December thirty-first, two thousand twenty-
     3  three or within one year of entering into service as a  deputy  sheriff-
     4  civil  in  Monroe  county.  The term "creditable service" shall have the
     5  meaning as so defined in section  eighty-nine-x  and  subdivision  c  of
     6  section six hundred one of this chapter.
     7    §  4. Section 604 of the retirement and social security law is amended
     8  by adding a new subdivision u to read as follows:
     9    u. The early service retirement for a member  who  is  employed  as  a
    10  deputy  sheriff-civil  as defined in section eighty-nine-x of this chap-
    11  ter, shall be a pension equal to one-fiftieth of  final  average  salary
    12  times  years  of credited service at the completion of twenty-five years
    13  of service as such deputy sheriff-civil, but not exceeding  one-half  of
    14  his or her final average salary.
    15    §   5.  All  past  service  costs  associated  with  implementing  the
    16  provisions of this act shall be borne by Monroe County.
    17    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would permit members of the New York State and Local Employ-
        ees' Retirement System (ERS) who are employed by Monroe  County  in  the
        title  of  deputy  sheriff-civil, as certified by the sheriff, to retire
        upon completion of twenty-five (25) years of creditable service  with  a
        benefit  of  one-half (50%) final average salary, provided Monroe County
        has filed a resolution with the New York State  Comptroller  to  provide
        such  benefits  on  or before December 31, 2022. Additionally, for those
        members covered under the provisions of  Article  14,  this  bill  would
        permit  an irrevocable election to forfeit the benefits of Article 14 in
        favor of the 25-year plan benefit, when elected on  or  before  December
        31, 2023 or within one year of entering service as a deputy sheriff-civ-
        il with Monroe County.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate  that  there  will  be an increase of approximately $26,000 in the
        annual contributions of Monroe County for the fiscal year  ending  March
        31,  2023. In future years, this cost will vary as the billing rates and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $199,000 which  will  be
        borne  by Monroe County as a one-time payment. This estimate is based on
        the assumption that payment will be made on February 1, 2023.
          These estimated costs are based on  9  affected  members  employed  by
        Monroe  County, with annual salary of approximately $693,000 as of March
        31,  2021.  The  affected  members  were  identified  using  information
        provided by the office of Assemblyman Josh Jensen.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 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, 2021
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
        S. 8682                             5

          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  February  18,  2022, and intended for use only
        during the 2022 Legislative Session, is Fiscal Note No. 2022-3, prepared
        by the Actuary for the New York State and Local Retirement System.