A04519 Summary:

BILL NO    A04519 

SAME AS    SAME AS S03221

SPONSOR    Abbate

COSPNSR    Woerner, Lupinacci, Thiele, Saladino, Skoufis

MLTSPNSR   

Amd SS302 & 375-f, add S383-d, R & SS L; amd S58, Civ Serv L

Relates to university police officers appointed by the state university of New
York.
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A04519 Actions:

BILL NO    A04519 

02/03/2015 referred to governmental employees
06/10/2015 reported referred to ways and means
06/11/2015 reported referred to rules
06/15/2015 reported 
06/15/2015 rules report cal.341
06/15/2015 substituted by s3221
           S03221  AMEND=  ROBACH
           02/03/2015 REFERRED TO CIVIL SERVICE AND PENSIONS
           05/04/2015 REPORTED AND COMMITTED TO FINANCE
           06/02/2015 1ST REPORT CAL.1272
           06/03/2015 2ND REPORT CAL.
           06/08/2015 ADVANCED TO THIRD READING 
           06/10/2015 PASSED SENATE
           06/10/2015 DELIVERED TO ASSEMBLY
           06/10/2015 referred to ways and means
           06/15/2015 substituted for a4519
           06/15/2015 ordered to third reading rules cal.341
           06/15/2015 passed assembly
           06/15/2015 returned to senate
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A04519 Memo:

BILL NUMBER:A4519

TITLE OF BILL:

An act to amend the retirement and social security law and the civil
service law, in relation to university police officers appointed by
the state university of New York

PURPOSE:

The bill would allow State University police officers to transfer to
the New York State and Local Police and Fire Retirement System to
participate in a special plan with a twenty-five year half pay
retirement benefit, In addition, the bill grants State university
police officers parity with other police officers by allowing them to
laterally transfer to other police forces or departments listed in
Civil Service Law S 58(4).

SUMMARY OF PROVISIONS:

Section 1 amends Retirement and Social Security Law S 302(11) by
adding new paragraph Section 302(11) sets forth the definition of
"police or fire" service for purposes of the New York State and Local
Police and Fire Retirement System statute Paragraph i includes service
as a State University police officer within such definition.

Section 2 amends RSSL S 375-f(d) and section 3 adds new section 383-d
to the RSSL to give State University police officers the opportunity
to transfer to the New York State and Local Police and Fire Retirement
System and to participate in a special twenty-five year half pay
benefit special plan comparable to the special plans in which members
of the division of law enforcement in the Department of Environmental
Conservation participate per RSSL S 383-b and the members of the
regional State Park Police participate per RSSL 383-a.

Sections 7 and 8 amend Civil Service Law S 58(3) and S 58(4)(a) and
(b), respectively, to allow State University police officers the
ability to laterally transfer to other listed police forces or
departments The legislation shall take effect immediately.

EXISTING LAW:

State University police officers are eligible to participate in the
New York State and Local Employees' Retirement System. Current law
does not provide State University police officers the ability to
transfer to another police force or department.

STATEMENT IN SUPPORT:

The State University Police is the law enforcement entity for SUNY's
State-operated campuses. Providing a wide range of law enforcement
services, State University police officers are first responders for
major violent felonies, including active shooting and violent felony
crimes in progress.

In 1998, State University police officers became statutorily
recognized as police officers. They have the same selection criteria


and training and perform the same functions as other police officers.
State University police officers are seeking the same retirement
benefits as afforded to the members of their bargaining unit: New York
State Environmental Conservation Police and New York State Park
Police.

Police officers, in general, have one of the highest rates of heart
disease, high blood pressure, stress and other health related
problems. The physical deterioration and emotional stress which police
officers encounter is evidence of the necessity to maintain a young
and vigorous force. As such, a service-based retirement plan (as
opposed to an age-based plan) provides the ability for such officers
to retire after a specified number of years which, in turn, allows the
hiring of younger individuals. This legislation will accomplish the
goal of maintaining a younger police force that correspond to the
demands of a campus environment, which typically is comprised of
persons between the ages of 18-22.

Based on 2013 data compiled by the Office of University Police at
System Administration, a significant number of officers have left
University service in the past five years for other police departments
over this retirement issue. It is anticipated that this "train and
transfer" dilemma will increase as current hires would have to wait
until age 62 to retire under recent amendments to the New York State
and Local Employees' Retirement System.

The rapid turnover of newly hired officers to other departments has a
negative impact on morale. There is also a fiscal impact. The
estimated cost to train an officer at a police academy and then
undergo field training is approximately $85,000.

FISCAL:

See the bill.

EFFECTIVE DATE:

Immediately
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A04519 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4519

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 3, 2015
                                      ___________

       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees

       AN  ACT  to  amend  the retirement and social security law and the civil
         service law, in relation to university police  officers  appointed  by
         the state university 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 11 of section 302 of the retirement and  social
    2  security law is amended by adding a new paragraph i to read as follows:
    3    I.  SERVICE  AS  A  UNIVERSITY  POLICE  OFFICER APPOINTED BY THE STATE
    4  UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L  OF  SUBDIVISION  TWO  OF
    5  SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
    6    S 2. Subdivision d of section 375-f of the retirement and social secu-
    7  rity  law,  as separately amended by chapters 674 and 677 of the laws of
    8  1986, is amended to read as follows:
    9    d. In addition to the retirement allowance provided  pursuant  to  the
   10  plans  set  forth  in sections three hundred eighty-three, three hundred
   11  eighty-three-a [and], three hundred  eighty-three-b  AND  THREE  HUNDRED
   12  EIGHTY-THREE-D  of this [chapter] ARTICLE, a member of [either] ANY such
   13  plan who retires on or after April first,  nineteen  hundred  sixty-nine
   14  with  more  than twenty-five years of total service shall be entitled to
   15  receive, in addition to the benefits provided pursuant to  [either]  ANY
   16  such  section  and  notwithstanding the limitations of [either] ANY such
   17  section, an additional retirement allowance for such  years  of  service
   18  rendered  in  excess of twenty-five. The additional retirement allowance
   19  for such additional years of service shall be computed as if such member
   20  had been eligible to have his retirement allowance computed pursuant  to
   21  the  provisions of subdivision b of section three hundred seventy-five-c
   22  and of paragraph one of subdivision a of section three hundred  seventy-
   23  five-d of this [chapter] TITLE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08196-01-5
       A. 4519                             2

    1    S 3. The retirement and social security law is amended by adding a new
    2  section 383-d to read as follows:
    3    S  383-D.  ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
    4  CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION,  THE
    5  TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
    6  PURSUANT  TO  PARAGRAPH  L  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED
    7  FIFTY-FIVE OF THE EDUCATION LAW.
    8    B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR  TRANSFERS
    9  BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
   10  OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
   11  RETIREMENT  SYSTEM  MAY  TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
   12  AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO  AND  BE
   13  ENTITLED  TO  THE  RETIREMENT  BENEFITS AFFORDED IN ACCORDANCE WITH THIS
   14  SECTION. UPON ANY SUCH TRANSFER THE MEMBER  SHALL  BE  ENTITLED  TO  THE
   15  AMOUNT  OF  SERVICE  WHICH  WOULD  HAVE  BEEN DEEMED CREDITABLE HAD SUCH
   16  MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING  THE  COURSE  OF  HIS  OR  HER
   17  MEMBERSHIP  WITHIN  SUCH  SYSTEM.  CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
   18  MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING  THERETO.
   19  APPLICATION  FOR  SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
   20  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF
   21  SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE  SHALL  APPLY  TO  ANY
   22  MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
   23    C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
   24  TY  WHO  ELECTS  OR  IS  REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL
   25  CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE  AND  FIRE  RETIREMENT
   26  SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
   27    1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
   28    2.  ATTAINMENT  OF  AGE  SIXTY  AS  A UNIVERSITY POLICE OFFICER IN THE
   29  SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON  AN  ALLOWANCE  OF
   30  ONE-FIFTIETH  OF  HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL
   31  CREDITABLE SERVICE NOT IN EXCESS OF  TWENTY-FIVE  YEARS.  SUCH  ELECTION
   32  SHALL  BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
   33  TROLLER.
   34    D. EVERY EMPLOYEE ENTERING OR  RE-ENTERING  SERVICE  AS  A  UNIVERSITY
   35  POLICE  OFFICER  IN  THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE
   36  EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON  THE  BASIS  PROVIDED
   37  FOR BY THIS SECTION.
   38    E.  A  MEMBER  WHO  IS  REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS
   39  SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF  COMPENSATION  AS
   40  PROVIDED  IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR-
   41  TION OF HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED.  SUCH  LATTER
   42  PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
   43  FIRST  BECOME  ELIGIBLE    FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY
   44  EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY  FOR  EACH
   45  YEAR  OF  SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE
   46  OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
   47  CONTRIBUTION PURSUANT TO THIS SECTION  SHALL  BE  APPROPRIATELY  REDUCED
   48  PURSUANT  TO  SECTION  THREE  HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH
   49  PERIOD OF TIME AS HIS OR  HER  EMPLOYER  CONTRIBUTES  PURSUANT  TO  SUCH
   50  SECTION  TOWARD  PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH
   51  MEMBER SHALL BE REQUIRED  TO  CONTINUE  CONTRIBUTIONS  AFTER  COMPLETING
   52  TWENTY-FIVE YEARS OF SUCH SERVICE.
   53    F.  A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
   54  RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF  TWENTY-
   55  FIVE  YEARS  OF  TOTAL  CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
   56  SIXTY BY FILING AN APPLICATION THEREFOR IN  A  MANNER  SIMILAR  TO  THAT
       A. 4519                             3

    1  PROVIDED  IN  SECTION  THREE  HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
    2  SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
    3    1.  AN  ANNUITY  WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
    4  ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
    5    2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH  IS
    6  THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
    7  WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL  EQUAL  ONE-FIFTIETH
    8  OF  HIS  OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
    9  IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
   10  THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
   11  GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
   12    3. AN ADDITIONAL PENSION EQUAL  TO  THE  PENSION  FOR  ANY  CREDITABLE
   13  SERVICE  RENDERED  WHILE  NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
   14  THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
   15  THREE OF SUBDIVISION A OF SECTION THREE  HUNDRED  SEVENTY-FIVE  OF  THIS
   16  ARTICLE.  THIS PENSION SHALL:
   17    (I)  BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
   18  OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF  SERVICE  AS  A
   19  UNIVERSITY  POLICE  OFFICER  IN  THE SERVICE OF THE STATE UNIVERSITY FOR
   20  WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
   21    (II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN  HE  OR  SHE  WOULD
   22  HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
   23  POLICE  OFFICER  IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE
   24  ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
   25  ITY SHALL BE COMPUTED AS IT WOULD BE:
   26    (A) IF NOT REDUCED BY THE  ACTUARIAL  EQUIVALENT  OF  ANY  OUTSTANDING
   27  LOAN, AND
   28    (B)  IF  NOT  INCREASED  BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
   29  CONTRIBUTIONS, AND
   30    (C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE  HIS
   31  OR  HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY
   32  THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS  FOR
   33  OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
   34    G.  THE  INCREASED  PENSIONS  TO  A  UNIVERSITY  POLICE OFFICER IN THE
   35  SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION,  SHALL  BE
   36  PAID  FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
   37  MEMBERS.  THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE  THE  ADDI-
   38  TIONAL  CONTRIBUTION  OF  EACH  MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
   39  BENEFITS PROVIDED UNDER  THIS  SECTION.  SUCH  ADDITIONAL  CONTRIBUTIONS
   40  SHALL  BE  COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
   41  SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE  RETIREMENT
   42  SYSTEM  FOR  SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
   43  ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO  THE  CHAN-
   44  CELLOR  OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
   45  THE ANNUAL APPROPRIATION OF THE STATE FOR  THE  STATE  UNIVERSITY.  SUCH
   46  AMOUNT  SHALL  BE  PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
   47  ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
   48    H. IN COMPUTING THE  TWENTY-FIVE  YEARS  OF  COMPLETED  SERVICE  OF  A
   49  UNIVERSITY  POLICE  OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
   50  CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE  FOR  SERVICE  OF
   51  SUCH  MEMBER  IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
   52  CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF  HER  ENTRANCE  INTO
   53  THE  ARMED  FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW-
   54  ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE  OFFICER  PRIOR  TO
   55  THE  EFFECTIVE  DATE  OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF
   56  NINETEEN HUNDRED NINETY-EIGHT.
       A. 4519                             4

    1    I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
    2  ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
    3    J.  NOTWITHSTANDING  ANY  PROVISION  OF  SUBDIVISION D, E OR I OF THIS
    4  SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE  COLLECTIVE  NEGOTIATING
    5  UNIT  DESIGNATED  AS  THE  AGENCY  POLICE  SERVICES UNIT AND ESTABLISHED
    6  PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AND  WHO  HAS
    7  ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
    8  MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO  THOUSAND  SIXTEEN,  ELECT  TO
    9  COME  UNDER  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
   10  THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND  FILED  WITH  THE
   11  COMPTROLLER.
   12    K.  COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
   13  DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
   14  SHALL MAKE CONTRIBUTIONS TO THE  RETIREMENT  SYSTEM  TO  FUND  THE  PAST
   15  SERVICE  LIABILITY  COSTS  ASSOCIATED  WITH  THE  IMPLEMENTATION OF THIS
   16  SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM  ACTUARY.
   17  SUCH  CONTRIBUTIONS  MAY,  AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
   18  OVER A TEN YEAR PERIOD.
   19    S 4. No employee contributions made to the New York  state  and  local
   20  employees'  retirement system by any state university police officer who
   21  elects to transfer pursuant to this act shall be returned to such  offi-
   22  cer.  Such  employee  contributions  shall  be  used  to offset any past
   23  service costs incurred by operation of the provisions of this act.
   24    S 5. Notwithstanding subdivision h of section 343  of  the  retirement
   25  and  social  security  law,  the  provisions  of subdivisions c and d of
   26  section 343 of the retirement and social security law  shall  apply  and
   27  the  employer contributions reserve shall be transferred from the appro-
   28  priate fund or funds of the New York state and local employees'  retire-
   29  ment  system  to the New York state and local police and fire retirement
   30  system.
   31    S 6. Subdivision 3 of section 58 of the civil service law, as  amended
   32  by chapter 244 of the laws of 2013, is amended to read as follows:
   33    3.  As  used in this section, the term "police officer" means a police
   34  officer in the  department  of  environmental  conservation,  THE  STATE
   35  UNIVERSITY  POLICE,  a  member  of  the  regional state park police or a
   36  police force, police department, or  other  organization  of  a  county,
   37  city,  town,  village,  housing  authority,  transit authority or police
   38  district, who is responsible for the prevention and detection  of  crime
   39  and the enforcement of the general criminal laws of the state, but shall
   40  not  include  any  person serving as such solely by virtue of his or her
   41  occupying any other office or position, nor shall such  term  include  a
   42  sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
   43  commissioner of police, chief of police, deputy or  assistant  chief  of
   44  police  or  any  person  having  an equivalent title who is appointed or
   45  employed to exercise equivalent supervisory authority.
   46    S 7. Paragraphs (a) and (b) of subdivision 4  of  section  58  of  the
   47  civil  service  law,  as amended by chapter 244 of the laws of 2013, are
   48  amended to read as follows:
   49    (a) Any person who has received provisional or  permanent  appointment
   50  in the competitive class of the civil service as a police officer of the
   51  regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
   52  department  of  environmental conservation or any police force or police
   53  department of any county, city, town, village, housing authority, trans-
   54  it authority or police district shall be eligible  to  resign  from  any
   55  police force or police department, and to be appointed as a police offi-
   56  cer  in  the same or any other police force or police department without
       A. 4519                             5

    1  satisfying the age requirements set forth in paragraph (a)  of  subdivi-
    2  sion  one  of  this  section  at  the  time of such second or subsequent
    3  appointment, provided such second or subsequent appointment occurs with-
    4  in thirty days of the date of resignation.
    5    (b)  Any  person who has received permanent appointment in the compet-
    6  itive class of the civil service as a police  officer  of  the  regional
    7  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
    8  ment of environmental conservation or any police force or police depart-
    9  ment of any county, city,  town,  village,  housing  authority,  transit
   10  authority or police district shall be eligible to resign from any police
   11  force  or  police department and, subject to such civil service rules as
   12  may be applicable, shall be  eligible  for  reinstatement  in  the  same
   13  police force or police department or in any other police force or police
   14  department  to which he or she was eligible for transfer, without satis-
   15  fying the age requirements set forth in paragraph (a) of subdivision one
   16  of this section at the time of such reinstatement, provided  such  rein-
   17  statement occurs within one year of the date of resignation.
   18    S 8. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  allow  State University Police Officers to elect to
       transfer to the New York State and  Local  Police  and  Fire  Retirement
       System  and  to  be  covered by the provisions of a new twenty-five (25)
       year half pay retirement plan, with additional  one-sixtieths  of  final
       average  salary  for  each year of service in excess of twenty-five (25)
       years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and  6
       members,  the  additional  one-sixtieths  can  not exceed seven (7) such
       years. There will be no refund  of  Article  14  or  Article  15  member
       contributions  for officers who elect to transfer to the Police and Fire
       Retirement system.
         If this bill is enacted, we anticipate that there will be an  increase
       of  approximately  $1.1 million in the annual contributions of the State
       of New York for the fiscal year ending March 31, 2016.
         In addition to the annual contributions discussed above, it  is  esti-
       mated that there will be an immediate past service cost of $9.72 million
       which  would  be  borne  by the State of New York, assuming that payment
       will be made on March 1, 2016. If this cost is amortized over  ten  (10)
       years,  the  cost for the first year, including interest, would be $1.32
       million.
         These estimated costs are based on five hundred  sixteen  (516)  State
       University Police Officers with a total estimated salary of approximate-
       ly $39 million for the fiscal year ending March 31, 2014.
         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, 2014  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2014
       Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012, 2013 and 2014 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, 2014
       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.
       A. 4519                             6

         This estimate, dated January 16, 2015 and intended for use only during
       the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the
       Actuary  for  the  New York State and Local Employees' Retirement System
       and the New York State and Local Police and Fire Retirement System.
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