Redefines the term "member" for special retirement plans for sheriffs, undersheriffs and deputy sheriffs to include a deputy sheriff who is a qualified police officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5327C
SPONSOR: Abbate TITLE OF BILL: An act to amend the retirement and social security
law, in relation to special retirement plans for sheriffs, undersheriffs
and deputy sheriffs
PURPOSE:
Allows Counties to elect to provide that creditable service on the
20-year retirement plan for sheriffs shall also include all service
performed by a deputy sheriff who is a police officer pursuant to subdi-
vision 34 of Section 1.20 of the Criminal Procedure Law as certified by
the municipal police council.
SUMMARY OF PROVISIONS:
Amends subdivision a of Section 550 and Subdivision j of 'Section 552 of
the Retirement and Social Security Law to allow Nassau and Suffolk Coun-
ties to elect to provide that creditable service on the 20-year retire-
ment plan for sheriffs shall also include all service performed by a
deputy sheriff who is a police officer pursuant to subdivision 34 of
Section 1.20 of the Criminal Procedure Law as certified by the municipal
police council.
JUSTIFICATION:
All Deputy Sheriffs are classified as police officers under the NYS
Criminal Procedure Law (CPL). County deputies attend the same police
academy alongside County police cadets and upon graduation receive the
same prestigious BMPTC Certificate. In their capacity as police offi-
cers, Deputies enforce all of the laws of NYS (i.e. criminal, vehicle
and traffic, civil, etc.) on a daily basis in the course of their
duties. They also participate in multiple law enforcement task forces
working alongside other federal, state and local police officers facing
the same inherent risks and dangers.
Currently, for Deputy Sheriffs receive "creditable service" under the
special retirement (20-year) plan for deputy sheriffs, a member must
"engage directly in criminal law enforcement activities that aggregate
50% of his or her service as a police officer under the criminal proce-
dure law as certified by the county sheriff." Police officers, on the
other hand, are granted a 20-year retirement plan based on "service as
an officer or member of any organized police force or department of any
county, city, town, village, police district, authority or other partic-
ipating employer." In other words, graduates from a NYS certified police
academy that go to work for a county/local police department are
enrolled in a 20-year retirement plan simply based on the fact that they
have received a Bureau of Municipal Police Training Council (BMPTC)
certificate. Deputy Sheriffs, however, must be certified individually,
year after year by the County Sheriff indicating that they have reached
the 50% criminal law enforcement activity threshold. These certif-
ications must also be filed with the State Comptroller. A major problem
with this retirement plan is that a deputy sheriff who is out on a
performance duty injury could face a possible non-certification under
the 50% criteria and lose several years of creditable service putting
their 20-year retirement in jeopardy.
Allowing Counties the option to use a deputy's BMPTC certificate and
classification as a "police officer" under Section 1.20 of the CPL as
the basis for certifying creditable service would once and for all
"clean up" the inefficient and unrealistic methodology currently
prescribed by law. It will also provide parity with other police offi-
cers in NYS who are not held to such arbitrary standards to obtain their
20-year retirement plan.
LEGISLATIVE HISTORY:
First introduced in 2014.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5327--C
2015-2016 Regular Sessions
IN ASSEMBLY
February 18, 2015
___________
Introduced by M. of A. ABBATE, SALADINO -- read once and referred to the
Committee on Governmental Employees -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
special retirement plans for sheriffs, undersheriffs and deputy sher-
iffs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 550 of the retirement and social
2 security law, as added by chapter 165 of the laws of 1995, is amended to
3 read as follows:
4 a. 1. "Member" shall mean a person who is employed as a sheriff,
5 undersheriff or deputy sheriff who is engaged directly in criminal law
6 enforcement activities that aggregate fifty per centum of his or her
7 service and is a police officer under the criminal procedure law, as
8 certified by the county sheriff, by any county which elects by resol-
9 ution duly adopted, to provide the benefits as authorized by this arti-
10 cle[,].
11 2. Notwithstanding the provisions of paragraph one of this subdivi-
12 sion, member shall also include a deputy sheriff who is a police officer
13 pursuant to subdivision thirty-four of section 1.20 of the criminal
14 procedure law as certified by the municipal police council, provided
15 that the employer has filed an election to that effect pursuant to para-
16 graph two of subdivision j of section five hundred fifty-two of this
17 article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07744-07-5
A. 5327--C 2
1 § 2. Subdivision j of section 552 of the retirement and social securi-
2 ty law, as added by chapter 165 of the laws of 1995, is amended to read
3 as follows:
4 j. 1. As used in this section "creditable service" shall include, any
5 and all services performed as a sheriff, undersheriff or deputy sheriff,
6 provided, however, that criminal law enforcement service shall only be
7 creditable when it aggregates fifty per centum or more of his or her
8 service as a deputy sheriff.
9 2. Notwithstanding the provisions of paragraph one of this subdivi-
10 sion, a participating employer may elect on a form filed with the comp-
11 troller for that purpose to provide that creditable service shall also
12 include any and all service performed by a deputy sheriff who is a
13 police officer pursuant to subdivision thirty-four of section 1.20 of
14 the criminal procedure law as certified by the municipal police council.
15 3. Credit for service as a member or officer of the state police or as
16 a paid fireman, policeman or officer of any organized fire department or
17 police force or department of any county, city, village, town, fire
18 district or police district, or as a criminal investigator in the office
19 of a district attorney, provided that service as such investigator shall
20 have been rendered prior to January first, nineteen hundred sixty and
21 that credit therefor shall not exceed five years, shall also be deemed
22 to be creditable service and shall be included in computing years of
23 total service for retirement pursuant to this section, provided such
24 service was performed by the member while contributing to the retirement
25 system pursuant to the provisions of this article or article eight of
26 this chapter.
27 § 3. Subdivision h of section 551 of the retirement and social securi-
28 ty law, as added by chapter 165 of the laws of 1995, is amended to read
29 as follows:
30 h. 1. As used in this section "creditable service" shall include, any
31 and all services performed as a sheriff, undersheriff or deputy sheriff,
32 provided, however, that criminal law enforcement service shall only be
33 creditable when it aggregates fifty per centum or more of his or her
34 service as a deputy sheriff. Credit for service as a member or officer
35 of the state police or as a paid fireman, policeman or officer of any
36 organized fire department or police force or department of any county,
37 city, village, town, fire district or police district, or as a criminal
38 investigator in the office of a district attorney, provided that service
39 as such investigator shall have been rendered prior to January first,
40 nineteen hundred sixty and that credit therefor shall not exceed five
41 years, shall also be deemed to be creditable service and shall be
42 included in computing years of total service for retirement pursuant to
43 this section, provided such service was performed by the member while
44 contributing to the retirement system pursuant to the provisions of this
45 article or article eight of this chapter.
46 2. Notwithstanding the provisions of paragraph one of this subdivi-
47 sion, a participating employer may elect on a form filed with the comp-
48 troller for that purpose to provide that creditable service shall also
49 include any and all service performed by a deputy sheriff who is a
50 police officer pursuant to subdivision thirty-four of section 1.20 of
51 the criminal procedure law as certified by the municipal police council.
52 § 4. Notwithstanding any other provision of law to the contrary, none
53 of the provisions of this act shall be subject to the appropriation
54 requirement of section twenty-five of the retirement and social security
55 law.
56 § 5. This act shall take effect immediately.
A. 5327--C 3
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill would allow a County to elect to provide that creditable
service on the 20 year retirement plan or the 25 year retirement plan
for sheriffs shall also include all service performed by a deputy sher-
iff who is a police officer pursuant to subdivision thirty-four of
section 1.20 of the criminal procedure law as certified by the municipal
police council.
If this bill is enacted, this bill could provide service credit on a
20 year retirement plan or a 25 year retirement plan, where it otherwise
would not be creditable. However, in all likelihood this bill would
affect very few members. The cost of this bill would be minimal.
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.
This estimate, dated June 4, 2015 and intended for use only during the
2015 Legislative Session, is Fiscal Note No. 2015-132, prepared by the
Actuary for the New York State and Local Employees' Retirement System.
