New York State Assembly

 
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A08918 Summary:

A08918 Actions:

A08918 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Pheffer Amato      
DATE:05/21/2024AYE/NAY:12/0  Action: Favorable refer to committee Ways and Means        
Pheffer Amato
Excused
DeStefano
Aye
Aubry
Aye
Reilly
Aye
Colton
Excused
Giglio
Aye
Zebrowski
Aye
Tannousis
Aye
Santabarbara
Aye
Eichenstein
Aye
Fall
Aye
Jones
Aye
Burke
Aye
Sillitti
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/06/2024AYE/NAY:34/1  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/06/2024AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Excused
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A08918 Floor Votes:

A08918 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8918--A
 
                   IN ASSEMBLY
 
                                    January 26, 2024
                                       ___________
 
        Introduced  by  M. of A. PHEFFER AMATO, GUNTHER, ZEBROWSKI, BUTTENSCHON,
          JONES,  SAYEGH,  O'DONNELL,  WOERNER,  STERN,  BENEDETTO,   SEAWRIGHT,
          BURDICK,  BURKE,  SANTABARBARA,  McMAHON,  WILLIAMS, CONRAD, HEVESI --
          read once and referred to the Committee on Governmental  Employees  --
          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
          establishing  a twenty year retirement plan for members or officers of
          law enforcement
 
          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 383-e to read as follows:
     3    §  383-e. Retirement of officers of state law enforcement; twenty year
     4  retirement plan. a. Membership.  Every  non-seasonally  appointed  sworn
     5  member  or  officer of the division of law enforcement in the department
     6  of environmental conservation, a forest ranger in  the  service  of  the
     7  department  of environmental conservation, which shall mean a person who
     8  serves on a full-time basis in the title  of  forest  ranger  I,  forest
     9  ranger  II,  forest  ranger III, assistant superintendent of forest fire
    10  control, superintendent of forest fire control or any  successor  titles
    11  or  new  titles  in  the forest ranger title series in the department of
    12  environmental conservation, a police officer in the department of  envi-
    13  ronmental  conservation,  the regional state park police, and university
    14  police officers who enter or re-enter service in any such title shall be
    15  covered by the provisions of this section, and every member described in
    16  this subdivision in such service on or before  one  year  prior  to  the
    17  effective date of this section may elect to be covered by the provisions
    18  of  this section by filing an election therefor with the comptroller. To
    19  be effective, such election must be duly executed and acknowledged on  a
    20  form prepared by the comptroller for that purpose.
    21    b.  Retirement  allowance. A member, covered by the provisions of this
    22  section at the time of retirement, shall  be  entitled  to  retire  upon
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01826-04-4
        A. 8918--A                          2
 
     1  completion  of  twenty years of total creditable service in such titles,
     2  and shall retire upon the attainment of  the  mandatory  retirement  age
     3  prescribed  by  this  section,  by  filing  an application therefor in a
     4  manner similar to that provided in section three hundred seventy of this
     5  article.
     6    1.  Upon  completion  of twenty years of such service and upon retire-
     7  ment, each such member shall receive a pension which, together  with  an
     8  annuity  for such years of service as provided in paragraph four of this
     9  subdivision, shall be sufficient to provide such member with  a  retire-
    10  ment allowance of one-half of such member's final average salary.
    11    2.  Upon completion of more than twenty years of such service and upon
    12  retirement, each such member shall receive, for each year of service  in
    13  excess  of twenty, an additional pension which, together with an annuity
    14  for each such year as provided in paragraph four  of  this  subdivision,
    15  shall  be  equal  to one-sixtieth of such member's final average salary,
    16  provided, however, that the pension payable  pursuant  to  this  section
    17  shall not exceed three-quarters of final average salary.
    18    3.  Upon attainment of the mandatory retirement age without completion
    19  of twenty years of such  service,  each  such  member  shall  receive  a
    20  pension  which,  together  with  an annuity for such years of service as
    21  provided in paragraph four of this subdivision, shall be equal  to  one-
    22  fortieth of such member's final average salary for each year of credita-
    23  ble  service in such titles. Every such member shall also be entitled to
    24  an additional pension equal to the pension for  any  creditable  service
    25  rendered  while  not  an employee in such titles as provided under para-
    26  graphs three and four of subdivision a of section three  hundred  seven-
    27  ty-five  of  this  article.  This  latter pension shall not increase the
    28  total allowance to more than one-half of  such  member's  final  average
    29  salary.
    30    4.  The  annuity  provided under paragraphs one, two and three of this
    31  subdivision shall be the actuarial equivalent, at the  time  of  retire-
    32  ment,  of  the member's accumulated contributions based upon the rate of
    33  contribution fixed under section  three  hundred  eighty-three  of  this
    34  title  and  upon the salaries earned while in such service. Such annuity
    35  shall be computed as it would be if it were not reduced by the actuarial
    36  equivalent of any  outstanding  loan  nor  by  reason  of  the  member's
    37  election  to  decrease  such member's contributions toward retirement in
    38  order to apply the resulting amount toward payment of contributions  for
    39  old  age  and  survivor's  insurance.  Any  accumulated contributions in
    40  excess of the amount required to provide the annuity  computed  pursuant
    41  to  this  paragraph  shall  be  used to increase the member's retirement
    42  allowance.
    43    c. Credit for previous service. In computing the years of total  cred-
    44  itable  service  for  each member described herein, full credit shall be
    45  given and full allowance shall be made for service rendered as a  police
    46  officer or state university peace officer or member of a police force or
    47  department  of  a  state  park  authority  or commission or an organized
    48  police force or department of a  county,  city,  town,  village,  police
    49  district,  authority  or  other  participating employer or member of the
    50  capital police force in the office of general services while a member of
    51  the New York state and local police and fire retirement system,  of  the
    52  New York state and local employees' retirement system or of the New York
    53  city  police  pension fund and for all service for which full credit has
    54  been given and full allowance made pursuant to the provisions of section
    55  three hundred seventy-five-h of this  article  provided,  however,  that
    56  full  credit  pursuant to the provisions of such section shall mean only
        A. 8918--A                          3
 
     1  such service as would be creditable service pursuant to  the  provisions
     2  of  section  three  hundred  eighty-three, three hundred eighty-three-a,
     3  three hundred eighty-three-b, as added by chapter six  hundred  seventy-
     4  four  of  the laws of nineteen hundred eighty-six, three hundred eighty-
     5  three-b, as added by chapter six hundred seventy-seven of  the  laws  of
     6  nineteen  hundred  eighty-six,  three  hundred  eighty-three-c  or three
     7  hundred eighty-three-d of this title or pursuant to  the  provisions  of
     8  title  thirteen  of  the administrative code of the city of New York for
     9  any member contributing pursuant to this section who transferred to  the
    10  jurisdiction  of  the department of environmental conservation including
    11  but not  limited  to  environmental  conservation  officers  and  forest
    12  rangers,  regional  state  park  police  or state university of New York
    13  peace officers.
    14    d. Retirement for cause. Upon receipt of a certificate from  the  head
    15  of the entity where such member is employed or such member's designee, a
    16  member  as  described  in subdivision a of this section, who has accrued
    17  twenty-five or more years of service credit under this section shall  be
    18  retired  on  the  first day of the second month next succeeding the date
    19  such certificate was filed with the comptroller.
    20    e. Credit for military service. In computing the years of total  cred-
    21  itable  service  full  credit shall be given and full allowance shall be
    22  made for service of such member in war after world war I as  defined  in
    23  section  three  hundred two of this article, provided such member at the
    24  time of such member's entrance into  the  armed  forces  was  in  police
    25  service as defined in subdivision eleven of section three hundred two of
    26  this article.
    27    f.  Transfer of membership to employees' retirement system. Any member
    28  currently enrolled pursuant to this section and  who  previously  trans-
    29  ferred  service  credit  from  the  New  York state and local employees'
    30  retirement system to the New  York  state  and  local  police  and  fire
    31  retirement  system,  may  elect  to transfer such previously transferred
    32  service credit back to the New York state and local  employees'  retire-
    33  ment  system,  and  such  member  shall have the option to retroactively
    34  transfer  such  member's  membership  into  such  employees'  retirement
    35  system.
    36    g.  The provisions of this section shall be controlling, notwithstand-
    37  ing any provision of this article to the contrary.
    38    §  2.  All  past  service  costs  associated  with  implementing   the
    39  provisions  of  this act shall be borne by the state of New York and may
    40  be amortized over a period of ten years.
    41    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    42  have become a law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  any non-seasonally appointed sworn member or
        officer of the division of law enforcement, police  officer,  or  forest
        ranger  in  the  department  of environmental conservation; any regional
        state park police officer; or any university police  officer  to  become
        covered  by  the  provisions of a special 20-year retirement plan, which
        will provide a benefit of one-half of final average salary upon  retire-
        ment  and  an additional benefit of one-sixtieth of final average salary
        for each year of creditable service in excess of 20 years, not to exceed
        12 years.
          If this bill is enacted during the 2024 Legislative Session, we antic-
        ipate that there will be an increase of approximately  $6.6  million  in
        the  annual  contributions  of the State of New York for the fiscal year
        A. 8918--A                          4
 
        ending March 31, 2025. In future  years  this  cost  will  vary  but  is
        expected to average 3.9% of salary annually.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $70.3 million which will
        be  borne  by the State of New York as a one-time payment. This estimate
        assumes that payment will be made on March 1, 2025. If the State of  New
        York  elects  to  amortize this cost over a 10-year period, the cost for
        each year including interest would be $8.98 million.
          These estimated costs are based on 1,228 affected members employed  by
        the  State of New York, with annual salary of approximately $131 million
        as of March 31, 2023.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        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, 2023
        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  January  22,  2024,  and intended for use only
        during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-90,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.