Relates to the calculation of past service credit for members in the title of deputy sheriff who provided police protection or correction officer service transferring between the New York state and local employees' retirement system to the New York state and local police and fire retirement system.
STATE OF NEW YORK
________________________________________________________________________
8218
2025-2026 Regular Sessions
IN ASSEMBLY
May 5, 2025
___________
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
the calculation of past service credit for members in the title of
deputy sheriff transferring between the New York state and local
employees' retirement system to the New York state and local police
and fire retirement system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 43 of the retirement and social security law is
2 amended by adding a new subdivision m to read as follows:
3 m. 1. Notwithstanding any other law, rule or regulation to the contra-
4 ry, any member in the title of deputy sheriff who provided police
5 protection or correction officer service transferring from the New York
6 state and local employees' retirement system to the New York state and
7 local police and fire retirement system after the effective date of this
8 subdivision and any member previously in the title of deputy sheriff who
9 provided police protection or correction officer service having made
10 such transfer shall be entitled to a determination of the amount of
11 service credit that is eligible on a twenty year or twenty-five year
12 retirement plan if such deputy sheriff has served for at least one
13 year in such employment and if, within one year of the date on which
14 such deputy sheriff first became a member of the New York state and
15 local police and fire retirement system or within one year of the effec-
16 tive date of this subdivision, such member elects to do so. If the
17 member subsequently transfers back to the New York state and local
18 employees' retirement system, the full amount of service credit earned
19 while in the title of deputy sheriff who provided police protection or
20 correction officer service shall be transferred back to the New York
21 state and local employees' retirement system.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10532-04-5
A. 8218 2
1 2. The calculation of the amount of such service credit for a member
2 will be determined by multiplying the eligible service credited while in
3 the title of deputy sheriff who provided police protection or correction
4 officer service in the New York state and local employees' retirement
5 system plan by a salary multiplier, reflecting the rate of salary in the
6 New York state and local employees' retirement system plan relative to
7 the rate of salary in the New York state and local police and fire
8 retirement system plan, and a billing rate multiplier, reflecting the
9 actuarial long-term average billing rate in the New York state and local
10 employees' retirement system plan relative to the actuarial long-term
11 average billing rate in the New York state and local police and fire
12 retirement system plan. The determination of the salary multiplier and
13 billing rate multiplier will be determined by the actuary of the New
14 York state and local employees' retirement system and the New York state
15 and local police and fire retirement system. The amount of such service
16 credited to the member in the New York state and local police and fire
17 retirement system plan shall not exceed the amount of service credited
18 to the member while in the title of deputy sheriff who provided police
19 protection or correction officer service in the New York state and local
20 employees' retirement system plan.
21 3. In no event shall the New York state and local employees' retire-
22 ment system service credited to a member of the New York state and local
23 police and fire retirement system pursuant to this subdivision exceed a
24 total of ten years.
25 § 2. Section 343 of the retirement and social security law is amended
26 by adding a new subdivision j to read as follows:
27 j. 1. Notwithstanding any other law, rule or regulation to the contra-
28 ry, any member in the title of deputy sheriff who provided police
29 protection or correction officer service transferring from the New York
30 state and local employees' retirement system to the New York state and
31 local police and fire retirement system after the effective date of this
32 subdivision and any member previously in the title of deputy sheriff who
33 provided police protection or correction officer service having made
34 such transfer shall be entitled to a determination of the amount of
35 service credit that is eligible on a twenty year or twenty-five year
36 retirement plan if such deputy sheriff has served for at least one year
37 in such employment and, within one year of the date on which such deputy
38 sheriff first became a member of the New York state and local police and
39 fire retirement system or within one year of the effective date of this
40 subdivision, such member elects to do so. If the member subsequently
41 transfers back to the New York state and local employees' retirement
42 system, the full amount of service credit earned while in the title of
43 deputy sheriff who provided police protection or correction officer
44 service shall be transferred back to the New York state and local
45 employees' retirement system.
46 2. The calculation of the amount of such service credit for a member
47 will be determined by multiplying the eligible service credited while in
48 the title of deputy sheriff who provided police protection or correction
49 officer service in the New York state and local employees' retirement
50 system plan by a salary multiplier, reflecting the rate of salary in the
51 New York state and local employees' retirement system plan relative to
52 the rate of salary in the New York state and local police and fire
53 retirement system plan, and a billing rate multiplier, reflecting the
54 actuarial long-term average billing rate in the New York state and local
55 employees' retirement system plan relative to the actuarial long-term
56 average billing rate in the New York state and local police and fire
A. 8218 3
1 retirement system plan. The determination of the salary multiplier and
2 billing rate multiplier will be determined by the actuary of the New
3 York state and local employees' retirement system and the New York state
4 and local police and fire retirement system. The amount of such service
5 credited to the member in the New York state and local police and fire
6 retirement system plan shall not exceed the amount of service credited
7 to the member while in the title of deputy sheriff who provided police
8 protection or correction officer service in the New York state and local
9 employees' retirement system plan.
10 3. In no event shall the New York state and local employees' retire-
11 ment system service credited to a member of the New York state and local
12 police and fire retirement system pursuant to this subdivision exceed a
13 total of ten years.
14 4. If such member subsequently retires on an age based retirement plan
15 in the New York state and local police and fire retirement system
16 instead of a twenty year or twenty-five year plan, the full amount of
17 service credit earned while in the title of deputy sheriff shall be
18 granted.
19 5. No member who receives service credit pursuant to this subdivision
20 shall be eligible to receive additional service credit pursuant to
21 subdivision b of section three hundred eighty-four-e of this article if
22 such deputy sheriff's employer has elected to provide such service cred-
23 it.
24 § 3. This act shall take effect on the sixtieth day after it shall
25 have become a law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would expand the definition of creditable service under
twenty-year and twenty-five-year retirement plans in the New York State
and Local Police and Fire Retirement System (NYSLPFRS) to include
service credit earned in the New York State and Local Employees' Retire-
ment System (NYSLERS) for those individuals previously employed in the
title of deputy sheriff who provided police protection or correction
officer service. To be eligible, the member must have one year of deputy
sheriff service credit and elect to transfer the service credit to
NYSLPFRS. The amount of service credit granted in NYSLPFRS will be
calculated by the Actuary of the New York State and Local Retirement
System based on deputy sheriff service credit and the rate of salary
earned in NYSLERS but will not exceed 10 years, nor the service credited
under the NYSLERS plan.
Insofar as this bill affects NYSLPFRS, the increased costs would be
shared by the State of New York and the local participating employers in
NYSLPFRS. If this bill were enacted during the 2025 Legislative Session,
it is estimated that the past service cost will average approximately 20
percent of an affected member's compensation for each year of additional
service credit that is granted.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Summary of relevant resources:
Membership data as of March 31, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report. The actuarial assumptions and methods used are described in the
2024 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
A. 8218 4
31, 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
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 April 23, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-89. As Chief Actu-
ary of the New York State and Local Retirement System, I, Aaron Schottin
Young, hereby certify that this analysis complies with applicable Actu-
arial Standards of Practice as well as the Code of Professional Conduct
and Qualification Standards for Actuaries Issuing Statements of Actuari-
al Opinion of the American Academy of Actuaries, of which I am a member.
