NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3968
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
the restoration of 20 year service retirement for New York city police
officers
PURPOSE OR GENERAL IDEA OF BILL::
To restore the 20-year service retirement and provide additional pension
benefits for New York City police officers hired on or after July 1,
2009.
SUMMARY OF PROVISIONS::
Section one of the bill amends subdivision 17 of section 501 of the
Retirement and Social Security Law to state that for members of the New
York city police pension fund, normal retirement age shall be the age at
which a member completes or would have completed twenty years of
service.
Section two of the bill amends subdivision d of section 503 of the
Retirement and Social Security Law to state that the normal service
retirement benefit specified in section five hundred five of this Arti-
cle shall be paid to members of the New York city police pension fund,
after twenty years of service.
Section three of the bill amends section 505 of the Retirement and
Social Security Law to add a new subdivision d that states that notwith-
standing anything to the contrary in any other law, members of the New
York city police pension fund shall be eligible for a normal service
retirement benefits in lieu of an early service retirement benefit upon
completing twenty years of service pursuant to subdivision d of section
five hundred three of this Article.
Section four of the bill adds new section 505-a to the Retirement and
Social Security Law to provide that upon retirement, members of the New
York city police pension fund shall receive a pension benefit of 1/60 of
average annual earnings, from the date of eligibility for normal service
retirement to the actual date of retirement, for each additional year of
service or fraction thereof beyond normal retirement age.
JUSTIFICATION::
This bill seeks to remedy a glaring inequity facing recently hired New
York City police officers. Throughout New York State, police officers
become eligible for a full-service retirement benefit of half of their
final salary after 20 years. And in New York City, police officers hired
prior to July 1, 2009, also became eligible for a full-service retire-
ment benefit after 20 years. However, after Governor David Paterson
vetoed the Tier 2 extender in 2009, newly hired New York City police
officers were no longer eligible for a full service retirement benefit
until they worked at least 22 years. While other law enforcement groups
throughout the State had their 20-year service retirement provision
restored, members of the New York city police pension fund remain
subject to an inferior tier of benefits. Consequently, this bill would
merely restore the 20-year service retirement for all New York City
police officers as it existed prior to the veto.
This inequity has played a role in the unprecedented crisis New York
City is experiencing regarding the recruitment and retention of police
officers. With respect to retention, 2022 saw the most New York City
police officer resignations in at least two decades, including an
increase of more than 600% from 10 years ago. Departing police officers
regularly cite their inferior pensions and the additional service
requirement as reasons for joining other police departments. With
respect to recruitment, the NYPD has been unable to fill and graduate
sufficient police academy classes to replace those officers who have
either resigned or retired.
These issues have a profound impact on both New York City police offi-
cers and New Yorkers. Many of the NYPD's best, brightest, and most
diverse officers are fleeing for neighboring jurisdictions, where they
not only are eligible for a 20-year service retirement, but can also
earn more wages, work less, and improve their quality of life. For simi-
lar reasons, promising young men and women interested in pursuing
careers in law enforcement are choosing to join other police agencies or
pursue other careers altogether. The loss of these talented individuals
and the attendant impact on remaining officers who are forced to work
overtime due to staffing shortages makes New York City less safe. And,
it has a direct financial impact on the New York taxpayer, both through
the significant resources wasted on training officers who soon depart
(costs for such training are estimated to be in excess of $100,000 per
recruit), as well as the additional overtime costs incurred due to lack
of adequate staffing.
Finally, the new section 505-a would provide to Tier 3 members of the
New York city police pension fund a modest pension incentive of 1/60 of
average annual earnings for each additional year of service (or fraction
thereof) beyond normal retirement age to keep such officers in service.
The New York City Police Department is best served by retaining experi-
enced officers to continue to serve in communities where there is a high
level of trust and familiarity, and to provide such officers with the
opportunity to train new officers to become more effective. This is a
cost-effective approach to enhancing public safety.
PRIOR LEGISLATIVE HISTORY::
New Bill.
FISCAL IMPLICATIONS::
Please see fiscal note attached
EFFECTIVE DATE::
This act shall take effect immediately.
