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S07559 Summary:

S07559 Actions:

S07559 Committee Votes:

S07559 Floor Votes:

S07559 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7559
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      June 6, 2023
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- (at request of the Governor) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Rules
 
        AN  ACT to amend the retirement and social security law and the criminal
          procedure law, in relation to service rendered  by  investigators  and
          sworn officers of the waterfront commission of New York harbor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a and paragraph 1 of subdivision c  of  section
     2  381-b  of  the  retirement  and  social  security  law, subdivision a as
     3  amended by chapter 684 of the laws of 1971 and paragraph 1  of  subdivi-
     4  sion  c  as  amended  by chapter 581 of the laws of 2001, are amended to
     5  read as follows:
     6    a. Membership. Every member or officer of the division of state police
     7  in the executive department who enters or re-enters service in the divi-
     8  sion on or after April first, nineteen  hundred  sixty-nine,  and  every
     9  investigator  or  sworn  officer  employed  by the commission created by
    10  section six of chapter eight hundred eighty-two of the laws of  nineteen
    11  hundred  fifty-three,  constituting  the  waterfront  commission act, as
    12  amended, on or after July first, two  thousand  twenty-three,  shall  be
    13  covered  by  the provisions of this section, and every member or officer
    14  of the division of state police in  the  executive  department  in  such
    15  service  on  such date may elect to be covered by the provisions of this
    16  section by filing an election therefor with the comptroller on or before
    17  March thirty-first, nineteen hundred seventy-two. To be effective,  such
    18  election  must  be  duly executed and acknowledged on a form prepared by
    19  the comptroller for that purpose.
    20    (1) Police service. In computing the years of total creditable service
    21  in such division, full credit shall be given and full allowance shall be
    22  made:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12012-02-3
        S. 7559                             2
 
     1    (i) for service rendered as a police officer or  member  of  a  police
     2  force or department of a state park authority or commission or an organ-
     3  ized police force or department of a county, city, town, village, police
     4  district,  authority  or  other  participating employer or member of the
     5  capital police force in the office of general services while a member of
     6  the  New  York state and local police and fire retirement system, of the
     7  New York state and local employees' retirement system or of the New York
     8  city police pension fund;
     9    (ii) for service rendered as an investigator or sworn officer  of  the
    10  waterfront commission of New York harbor, and for service rendered as an
    11  investigator-trainee  of  the  waterfront  commission of New York harbor
    12  that was creditable under subdivision w of section three hundred  eight-
    13  y-four-d of this article; and
    14    (iii)  for  all  service for which full credit has been given and full
    15  allowance made pursuant to  the  provisions  of  section  three  hundred
    16  seventy-five-h  of  this  chapter  provided,  however,  that full credit
    17  pursuant to the provisions of such section shall mean only such  service
    18  as  would  be  creditable  service pursuant to the provisions of section
    19  three hundred eighty-three or section three  hundred  eighty-three-a  or
    20  three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
    21  en  of the laws of nineteen hundred eighty-six of this chapter or pursu-
    22  ant to the provisions of title thirteen of the  administrative  code  of
    23  the  city  of  New  York  for  any  member contributing pursuant to this
    24  section who transferred to the division of state police.
    25    § 2. Subdivision 11 of section 302 of the retirement and social  secu-
    26  rity law is amended by adding a new paragraph k to read as follows:
    27    k.  Service  as  an  investigator  or  sworn officer of the waterfront
    28  commission of New York harbor or the commission created by  section  six
    29  of  chapter  eight  hundred  eighty-two  of the laws of nineteen hundred
    30  fifty-three, constituting the waterfront commission act, as amended.
    31    § 3. Paragraph (h) of subdivision 34 of section 1.20 of  the  criminal
    32  procedure law, as amended by chapter 997 of the laws of 1970, is amended
    33  to read as follows:
    34    (h)  An investigator employed by a commission created by an interstate
    35  compact, or by section six of chapter eight hundred  eighty-two  of  the
    36  laws  of  nineteen  hundred  fifty-three,  constituting  the  waterfront
    37  commission act, as amended, who is, to a substantial extent, engaged  in
    38  the enforcement of the criminal laws of this state;
    39    §  4.  Paragraph (k) of subdivision 34 of section 1.20 of the criminal
    40  procedure law, as separately amended by chapters 282 and 877 of the laws
    41  of 1974, is amended to read as follows:
    42    (k) A sworn officer of a police force of a public authority created by
    43  an interstate compact, or by section six of chapter eight hundred eight-
    44  y-two of the laws of  nineteen  hundred  fifty-three,  constituting  the
    45  waterfront commission act, as amended;
    46    §  5.  Paragraph (k) of subdivision 34 of section 1.20 of the criminal
    47  procedure law, as amended by section 13 of part BBB of chapter 59 of the
    48  laws of 2021, is amended to read as follows:
    49    (k) A sworn officer of a police force of a public authority created by
    50  an interstate compact, or by section six of chapter eight hundred eight-
    51  y-two of the laws of  nineteen  hundred  fifty-three,  constituting  the
    52  waterfront  commission act, as amended, where such force is certified in
    53  accordance with paragraph  (d)  of  subdivision  one  of  section  eight
    54  hundred forty-six-h of the executive law;
    55    §  6.  This act shall take effect immediately; provided, however, that
    56  section five of this act shall take effect on the same date and  in  the
        S. 7559                             3
 
     1  same manner as section thirteen of part BBB of chapter 59 of the laws of
     2  2021, takes effect.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend the Retirement and Social Security Law (RSSL) as
        follows:
          1)  Add  the  titles of investigator and sworn officer employed by the
        commission created by Section six of Chapter 882 of the  Laws  of  1953,
        constituting the Waterfront Commission Act, to the definition of member-
        ship in Section 381-b,
          2)  Allow service rendered as an investigator, investigator-trainee or
        sworn officer of the Waterfront Commission of  New  York  Harbor  to  be
        creditable under Section 381-b, and
          3)  Add the titles of investigator and sworn officer of the Waterfront
        Commission of New York Harbor to  the  definition  of  "police  or  fire
        service" as defined in Section 302.
          Additionally,  this  bill  would  amend  the Criminal Procedure Law by
        adding the titles of investigator and sworn officer  of  the  Waterfront
        Commission  of  New  York  Harbor  to the definition of "police officer"
        under Section 1.20.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate that there will be an increase of  approximately  $29,000  in  the
        annual  contributions  of  the  State of New York. This estimate assumes
        that payment will be made on February 1, 2024.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $979,000 which  will  be
        borne  by the State of New York and all local participating employers in
        the NYSLPFRS. This estimate assumes that payment will be made on  Febru-
        ary 1, 2024.
          These  estimated costs are based on eight affected members employed by
        the Waterfront Commission of New York  Harbor,  with  annual  salary  of
        approximately $950,000 as of March 31, 2022.
          Along  with  the  direct  costs quoted above, insofar as this proposal
        allows certain previous service rendered as an investigator,  investiga-
        tor-trainee  or  sworn  officer of the Waterfront Commission of New York
        Harbor to be newly creditable under Section 381-b  of  the  RSSL,  addi-
        tional  past  service  costs  could arise for the current New York State
        Troopers covered by that section. It is estimated that such past service
        cost will be 25% of an affected member's compensation for each  year  of
        service that is newly credited pursuant to this legislation.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2022
        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.
        S. 7559                             4
 
          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  June 2, 2023, and intended for use only during
        the 2023 Legislative Session, is Fiscal Note No. 2023-175,  prepared  by
        the Actuary for the New York State and Local Retirement System.