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A10558 Summary:

BILL NOA10558
 
SAME ASSAME AS S09394
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd §§89-f, 603 & 604, R & SS L
 
Provides for a twenty year retirement of county correction officers in Suffolk county.
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A10558 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10558
 
                   IN ASSEMBLY
 
                                     March 13, 2026
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing  for  a twenty year retirement of county correction officers
          in Suffolk county
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions b, g and h of section 89-f of the retirement
     2  and social security law, subdivision b as added by chapter  591  of  the
     3  laws  of  1988 and such section as renumbered by chapter 771 of the laws
     4  of 1988, subdivisions g and h as amended by chapter 576 of the  laws  of
     5  2024, are amended to read as follows:
     6    b.  Such  member  shall  be  entitled to retire upon the completion of
     7  [twenty-five] twenty years of total  creditable  service  by  filing  an
     8  application  therefor  in  the manner provided for in section seventy of
     9  this article.
    10    g. A member contributing on the basis of this section at the  time  of
    11  retirement,  shall  retire after the completion of twenty years, twenty-
    12  five years or thirty years  of  total  creditable  service.  Application
    13  therefor  may  be  filed in a manner similar to that provided in section
    14  seventy of this article. Upon completion of  twenty  years,  twenty-five
    15  years  or  thirty  years  of such service and upon retirement, each such
    16  member shall receive a pension which, together  with  an  annuity  which
    17  shall  be the actuarial equivalent of such member's accumulated contrib-
    18  utions at the time of such member's retirement and an additional pension
    19  which is the actuarial  equivalent  of  the  reserve-for-increased-take-
    20  home-pay  to  which such member may then be entitled shall be sufficient
    21  to provide such member  with  a  retirement  allowance  equal  to  forty
    22  percent  of  such  member's  final  average salary for a member retiring
    23  after the completion of twenty years, one-half of  such  member's  final
    24  average salary for a member retiring after the completion of twenty-five
    25  years, or a retirement allowance equal to sixty percent of such member's
    26  final average salary for a member retiring after the completion of thir-
    27  ty years.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14625-02-6

        A. 10558                            2
 
     1    h. In computing the twenty years, twenty-five years or thirty years of
     2  total  service of a member pursuant to this section full credit shall be
     3  given and full allowance shall be made for service  of  such  member  in
     4  time of war after World War I as defined in section two of this chapter,
     5  provided  such  member  at  the  time of such member's entrance into the
     6  armed forces was in the service of the county of Suffolk.
     7    § 2. Paragraphs 1 and 2 of  subdivision  c  of  section  89-f  of  the
     8  retirement and social security law are renumbered paragraphs 2 and 3 and
     9  a new paragraph 1 is added to read as follows:
    10    (1)  Upon  completion of twenty years of such service and upon retire-
    11  ment, each such  member  shall  be  the  actuarial  equivalent  of  such
    12  member's  accumulated contributions at the time of such member's retire-
    13  ment and an additional pension which is the actuarial equivalent of  the
    14  reserved-for-increased-take-home-pay  to  which  such member may then be
    15  entitled shall be sufficient to provide such member  with  a  retirement
    16  allowance equal to forty percent of such member's final average salary.
    17    § 3. Subdivision c of section 603 of the retirement and social securi-
    18  ty  law,  as  amended  by chapter 672 of the laws of 1990, is amended to
    19  read as follows:
    20    c. The service retirement benefit specified  in  section  six  hundred
    21  four  of  this  article  shall  be payable to members with [twenty-five]
    22  twenty or more years of creditable service, without regard to  age,  who
    23  are  employed  in  Suffolk  county as a correction officer as defined in
    24  section eighty-nine-f of this chapter if: (i) such members have met  the
    25  minimum  service requirements upon retirement, and (ii) in the case of a
    26  member subject to the provisions of article fourteen  of  this  chapter,
    27  such  member  files an election therefor which provides that [he or she]
    28  they will be subject to the provisions of this article and  to  none  of
    29  the  provisions  of such article fourteen. Such election, which shall be
    30  irrevocable, shall be in writing, duly executed and shall be filed  with
    31  the  comptroller  on or before September first, nineteen hundred eighty-
    32  nine or within one year after  entering  into  employment  with  Suffolk
    33  county  as a corrections officer, as defined in section eighty-nine-f of
    34  this chapter, whichever is later. For the purposes of this  subdivision,
    35  the  term  "creditable  service" shall have the meaning as so defined in
    36  both sections eighty-nine-f and six hundred one of this chapter.
    37    § 4. Paragraphs 1 and 2 of subdivision d of section 604 of the retire-
    38  ment and social security law are renumbered paragraphs 2 and 3 and a new
    39  paragraph 1 is added to read as follows:
    40    1. Notwithstanding any other provision of law  to  the  contrary,  the
    41  early  service retirement for a member who is employed in Suffolk county
    42  as a correction officer as defined  in  section  eighty-nine-f  of  this
    43  chapter, shall be a pension equal to one-fiftieth of final average sala-
    44  ry  times years of credited service at the completion of twenty years of
    45  service as such correction officer, but not exceeding forty  percent  of
    46  such member's final average salary.
    47    §   5.  All  past  service  costs  associated  with  implementing  the
    48  provisions of this act shall be borne by the county of Suffolk  and  may
    49  be amortized over a period of ten years.
    50    §  6. Notwithstanding any other provision of law to the contrary, none
    51  of the provisions of this act shall  be  subject  to  the  appropriation
    52  requirement of section 25 of the retirement and social security law.
    53    §  7.  This  act  shall take effect immediately and shall apply to all
    54  members that retire on or after such date.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

        A. 10558                            3
 
          This bill would modify the service retirement benefit for  members  of
        the  New  York  State and Local Employees' Retirement System employed by
        Suffolk County as correction officers. Members are currently awarded  50
        percent  of  final  average  salary (FAS) upon completion of 25 years of
        creditable  service or 60 percent upon completion of 30 years. The modi-
        fied benefit will alternately award 40 percent of FAS upon completion of
        20 years of creditable service.
          We estimate that Suffolk County's annual contributions  will  increase
        $2.7 million beginning FYE 2027, with near-term costs increasing 2.7% of
        salary  for  Tier  6 participants, from 16.2% to 18.9%. Subsequent costs
        will vary annually but are expected to average  2.0%  of  salary,  long-
        term.
          In  addition,  there  will  be an immediate past service cost of $27.1
        million borne by Suffolk County as a one-time payment. This cost assumes
        that payment will be made on February 1, 2027. If Suffolk County  elects
        to  amortize  this  cost  over  10 years, the cost for each year will be
        $3.46 million.
          These estimated costs are based on 881 affected  members  employed  by
        Suffolk  County,  with annual salary of approximately $122 million as of
        March 31, 2025.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the bill, the same data used in the Actuarial Valuations dated April  1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
        actuarial assumptions and methods used are described in the 2025  Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and  Regulations  of  the State of New York: Audit and Control. The fair
        value of assets and GASB disclosures can be found in the 2025  Financial
        Statements and Supplementary Information.
          Assumptions,  demographics,  and  other  considerations  may have been
        modified to better reflect specific provisions of any  proposed  benefit
        change(s).
          This  fiscal note does not constitute a legal opinion on the viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This estimate, dated March 5, 2026, and intended for use  only  during
        the  2026  Legislative Session, is Fiscal Note Number 2026-114. As Chief
        Actuary of the New York State and Local Retirement System  (NYSLRS),  I,
        Aaron  Schottin  Young,  hereby certify that this analysis complies with
        applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
        Professional  Conduct  and Qualification Standards for Actuaries Issuing
        Statements of Actuarial Opinion of the American Academy of Actuaries, of
        which I am a member. I am a member of  NYSLRS  but  do  not  believe  it
        impairs my objectivity.
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