A05849 Summary:

BILL NOA05849A
 
SAME ASNo same as
 
SPONSORDestito (MS)
 
COSPNSRPeralta, Colton, Pheffer, Gabryszak, Gordon, Benjamin, Hoyt, Gunther, Magee, Calhoun, Townsend, Sayward, Schroeder, Koon
 
MLTSPNSRAubry, Cusick, Heastie, John, Scozzafava
 
Amd SS600 & 700, Art 17 Art head, add S701, R & SS L
 
Allows tier 3 and 5 correction officers and tier 3, 4 security hospital treatment assistants to become eligible to receive benefits under article 15 of the retirement and social security law in addition to the half pay plan at 25 years.
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A05849 Actions:

BILL NOA05849A
 
02/20/2009referred to governmental employees
01/06/2010referred to governmental employees
01/14/2010amend and recommit to governmental employees
01/14/2010print number 5849a
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A05849 Floor Votes:

There are no votes for this bill in this legislative session.
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A05849 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5849--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2009
                                       ___________
 
        Introduced  by  M.  of  A. DESTITO, PERALTA, COLTON, PHEFFER, GABRYSZAK,
          GORDON, BENJAMIN, HOYT, GUNTHER, MAGEE,  CALHOUN,  TOWNSEND,  SAYWARD,
          SCHROEDER,  KOON  --  Multi-Sponsored  by  --  M. of A. AUBRY, CUSICK,
          HEASTIE, JOHN, SCOZZAFAVA -- read once and referred to  the  Committee
          on  Governmental  Employees -- recommitted to the Committee on Govern-

          mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT  to amend the retirement and social security law, in relation to
          retirement and benefits for certain employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (a) of paragraph 2 of subdivision a of section
     2  600 of the retirement and social security law, as amended by chapter 421
     3  of the laws of 2006, is amended to read as follows:
     4    (a)  Members  in  the  uniformed  personnel  in institutions under the
     5  jurisdiction of the department of  correctional  services  of  New  York
     6  state  unless  an election is made pursuant to section seven hundred one

     7  of this chapter, other than certain persons as defined in  this  section
     8  or the New York city department of correction.
     9    §  2.  The  article heading of article 17 of the retirement and social
    10  security law, as added by chapter 578 of the laws of 1989, is amended to
    11  read as follows:
    12                    ELECTION OF ARTICLE FOURTEEN OR FIFTEEN
    13    § 3. Subdivision c of section 700 of the retirement and social securi-
    14  ty law, as added by chapter 578 of the laws of 1989, is amended to  read
    15  as follows:
    16    c.  [Such]  Except  as  provided  in section seven hundred one of this
    17  article, such election shall be in writing, shall be duly  executed  and
    18  filed  with  the  comptroller  and  shall be irrevocable as long as such
    19  member is in a title defined in subdivision i of section eighty-nine  of
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03447-04-0

        A. 5849--A                          2
 
     1  this  chapter. The election shall be filed on or before December thirty-
     2  first, nineteen hundred eighty-nine or within one year after such person
     3  becomes employed in such title, whichever date is later.
     4    § 4. The retirement and social security law is amended by adding a new
     5  section 701 to read as follows:
     6    §  701.  Election  of  the  provisions  of  article fifteen by certain
     7  members.  a. This section shall apply to a member of the New York  state
     8  and  local  employees'  retirement  system  who  joined or rejoined such

     9  system on or after July twenty-seventh, nineteen hundred seventy-six and
    10  who is in a title defined in subdivision i  of  section  eighty-nine  of
    11  this chapter.
    12    b.  A  member may, by filing an election as specified in subdivision c
    13  of this section, elect to have his or her retirement benefits calculated
    14  and retire pursuant to article fifteen of this chapter.
    15    c. Such election shall be in writing, shall be duly executed and filed
    16  with the comptroller and shall be irrevocable. Such  election  shall  be
    17  made prior to service retirement for any member eligible pursuant to the
    18  provisions of subdivision a of this section.
    19    §  5.  All  past  service  costs incurred due to the enactment of this

    20  legislation will be borne by the state of New York.  The  state  of  New
    21  York  may  elect  to  amortize this past service cost over a five or ten
    22  year period.
    23    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow Tiers 3 and  5  State  Correction  Officers  and
        Tiers 3, 4 and 5 Security Hospital Treatment Assistants to become eligi-
        ble  to  receive  benefits  under  the  provisions  of Article 15 of the
        Retirement and Social Security Law in addition to the half-pay  plan  at
        25 years benefit.
          If  this bill is enacted, there will be an immediate past service cost
        of approximately $135 million which would be borne by the State  of  New
        York  as  a  one-time  payment. This estimate is based on the assumption
        that payment will be made on March 1, 2011. If the  State  of  New  York

        elects  to  amortize the past service costs over a period of five (5) or
        ten (10) years, the past service  cost  for  the  first  year  including
        interest, would be approximately $31.3 million or $18.6 million, respec-
        tively.
          There will not be an increase in the annual contributions of the State
        of New York for the fiscal year ending March 31, 2011.
          Theses  estimated  costs are based on 21,693 affected State Correction
        Officers and Security Hospital Treatment Assistants with a total  annual
        salary  of  approximately  $1.3 billion for the fiscal year ending March
        31, 2009.
          This estimate, dated January 11,  2010,  and  intended  for  use  only
        during  the  2010  Legislative  Session,  is  Fiscal  Note  No. 2010-70,
        prepared by the Actuary for the New  York  State  and  Local  Employees'
        Retirement System.
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