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A08259 Summary:

BILL NOA08259A
 
SAME ASSAME AS S07635-A
 
SPONSORJones
 
COSPNSRLupardo, Santabarbara, Griffin
 
MLTSPNSR
 
Add 89-z, amd 445, 603 & 604, R & SS L
 
Establishes an optional twenty-five year retirement plan for certain public safety dispatchers, public safety telecommunicators, 911 operators, communications officers, police communication technicians, emergency services operators and emergency services dispatchers employed by the state, or a county or municipal emergency services department.
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A08259 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8259--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2025
                                       ___________
 
        Introduced  by  M. of A. JONES, LUPARDO -- read once and referred to the
          Committee on Governmental  Employees  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the retirement and social security law, in  relation  to
          the  retirement  of  state,  county  and  municipal  911 operators and
          dispatchers
 
          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 89-z to read as follows:
     3    §  89-z.  Optional twenty-five year retirement plan for certain public
     4  safety dispatchers,  public  safety  telecommunicators,  911  operators,
     5  communications  officers,  police  communication  technicians, emergency
     6  services operators and emergency services dispatchers  employed  by  the
     7  state,  or  a  county  or  municipal emergency services department. a. A
     8  member employed by the state, a county or a municipality shall be eligi-
     9  ble to retire pursuant  to  the  provisions  of  this  section  if  such
    10  member's employer elects to make the benefits authorized by this section
    11  available  as  provided  in  subdivision  j of this section, and if such
    12  member is a public safety dispatcher,  public  safety  telecommunicator,
    13  911  operator,  communications  officers,  or  any similar title that is
    14  responsible for receiving and managing emergency calls, and  dispatching
    15  appropriate  emergency  services,  including  but  not  limited  to, law
    16  enforcement, fire, and medical assistance employed by the  state,  or  a
    17  county  or municipality. Such eligibility shall be an alternative to the
    18  eligibility provisions available under any other plan of this article to
    19  which such member is subject. The comptroller shall have  the  authority
    20  to  include positions within the provisions of this section that compre-
    21  hend the same duties and responsibilities, but are named differently.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09821-04-5

        A. 8259--A                          2
 
     1    b. Such member shall be entitled to  retire  upon  the  completion  of
     2  twenty-five  years  of total creditable service by filing an application
     3  therefor in the manner provided for in section seventy of this article.
     4    c.  Upon  completion  of  twenty-five  years  of such service and upon
     5  retirement, each such member shall receive  a  pension  which,  together
     6  with an annuity which shall be the actuarial equivalent of such member's
     7  accumulated contributions at the time of such member's retirement and an
     8  additional  pension  which  is the actuarial equivalent of the reserved-
     9  for-increased-take-home-pay to which such member may  then  be  entitled
    10  shall  be  sufficient to provide such member with a retirement allowance
    11  equal to one-half of such member's final average salary.
    12    d. As used in this section, "creditable service" shall include any and
    13  all services performed as a  public  safety  dispatcher,  public  safety
    14  telecommunicator, 911 operator, communications officers, police communi-
    15  cation  technician,  emergency  services  operator,  emergency  services
    16  dispatcher, or any similar title, employed by the state, or a county  or
    17  municipal emergency services department who is responsible for receiving
    18  and  managing  emergency  calls,  and  dispatching appropriate emergency
    19  services, including but not  limited  to,  law  enforcement,  fire,  and
    20  medical assistance.
    21    e. Credit for service as a member or officer of the state police or as
    22  a  paid  firefighter,  police  officer  or officer of any organized fire
    23  department or police force or department of any county,  city,  village,
    24  town, fire district or police district, or as a criminal investigator in
    25  the office of a district attorney, shall also be deemed to be creditable
    26  service  and  shall  be included in computing years of total service for
    27  retirement pursuant to this section.
    28    f. The officer of the state, or chief executive officer of a county or
    29  municipality that makes the election provided for in  subdivision  j  of
    30  this  section shall certify to the comptroller, periodically and at such
    31  intervals of time as may be required of them and in such fashion as  may
    32  be  prescribed, the identity of members in eligible titles as defined in
    33  subdivisions a and d of this section.
    34    g. A member contributing on the basis of this section at the  time  of
    35  retirement may retire after the completion of twenty-five years of total
    36  creditable  service. Application therefor may be filed in a manner simi-
    37  lar to that provided in section seventy of this article. Upon completion
    38  of twenty-five years of such service  and  upon  retirement,  each  such
    39  member  shall  receive  a  pension which, together with an annuity which
    40  shall be the actuarial equivalent of such member's accumulated  contrib-
    41  utions at the time of such member's retirement and an additional pension
    42  which  is  the  actuarial equivalent of the reserved-for-increased-take-
    43  home-pay to which such member may be entitled  shall  be  sufficient  to
    44  provide  such  member  with  a retirement allowance equal to one-half of
    45  such member's final  average  salary.  For  service  beyond  twenty-five
    46  years,  the  benefit shall be increased by one-sixtieth of final average
    47  salary for each year of additional service credit provided, however, the
    48  total allowance payable pursuant to this section shall not exceed three-
    49  fourths of such member's final average salary.
    50    h. In computing the twenty-five years of total  service  of  a  member
    51  pursuant  to this section, full credit shall be given and full allowance
    52  shall be made for service of such member in time of war after World  War
    53  I as defined in section two of this chapter, provided such member at the
    54  time  of such member's entrance into the armed forces was in the service
    55  of the county of such member's employer that makes the election provided
    56  for in this section.

        A. 8259--A                          3

     1    i. Nothing in this section shall be construed to prevent a member, who
     2  does not retire pursuant to the provisions of this section, from utiliz-
     3  ing service which is creditable service pursuant to  the  provisions  of
     4  this  section for service credit pursuant to the provisions of any other
     5  plan of this article to which such member is subject.
     6    j.  (1)  Each  employer that elects pursuant to the provisions of this
     7  subdivision shall pay the cost attributable therefor.
     8    (2) The benefits of this section shall  be  available  only  to  those
     9  members as defined in subdivisions a and d of this section whose employ-
    10  er  elects  to  provide  such  benefits by adopting a resolution to such
    11  effect and filing a certified copy thereof with  the  comptroller.  Such
    12  resolution  may  also contain an election that any past services cost be
    13  paid over either a five-year or ten-year period. Such  resolution  shall
    14  be  accompanied  by  the affidavit of the officer of the state making an
    15  election pursuant to this subdivision or the chief executive officer  of
    16  the  county  or  municipality that the state, county or municipality has
    17  received an estimate from the retirement system of the cost of the bene-
    18  fit provided by this section.
    19    (3) Such resolution shall apply to all members defined in subdivisions
    20  a and d of this section, except those already subject  to  a  retirement
    21  plan  which permits immediate retirement with a benefit upon a specified
    22  period of service of twenty-five years or less without regard to age.
    23    k. The provisions of this section shall be controlling notwithstanding
    24  any other provisions in this article to the contrary.
    25    § 2. Subdivision a of section 445 of the retirement and social securi-
    26  ty law, as amended by chapter 714 of the laws of  2023,  is  amended  to
    27  read as follows:
    28    a.  No  member of a retirement system who is subject to the provisions
    29  of this article shall retire without regard to age, exclusive of retire-
    30  ment for disability, unless [he or she] such member is a police officer,
    31  an investigator member  of  the  New  York  city  employees'  retirement
    32  system,  firefighter, correction officer, a qualifying member as defined
    33  in section eighty-nine-t, as added by chapter six hundred fifty-seven of
    34  the laws of nineteen hundred ninety-eight, of this  chapter,  sanitation
    35  worker, a special officer (including persons employed by the city of New
    36  York  in  the  title  urban park ranger or associate urban park ranger),
    37  school safety agent, campus  peace  officer  or  a  taxi  and  limousine
    38  commission  inspector  member of the New York city employees' retirement
    39  system or the New York city board  of  education  retirement  system,  a
    40  dispatcher  member  of the New York city employees' retirement system, a
    41  police communications member of the New York city employees'  retirement
    42  system, an EMT member of the New York city employees' retirement system,
    43  a  deputy  sheriff  member  of  the  New York city employees' retirement
    44  system, a  correction  officer  of  the  Westchester  county  correction
    45  department  as  defined  in  section  eighty-nine-e  of  this chapter or
    46  employed in Suffolk county as a peace officer,  as  defined  in  section
    47  eighty-nine-s, as added by chapter five hundred eighty-eight of the laws
    48  of  nineteen  hundred ninety-seven, of this chapter, employed in Suffolk
    49  county as a correction officer, as defined in section  eighty-nine-f  of
    50  this  chapter,  or  employed  in  Nassau county as a correction officer,
    51  uniformed correction division personnel, sheriff, undersheriff or deputy
    52  sheriff, as  defined  in  section  eighty-nine-g  of  this  chapter,  or
    53  employed  in  Nassau county as an ambulance medical technician, an ambu-
    54  lance medical technician/supervisor or a member who  performs  ambulance
    55  medical  technician  related  services,  or a police medic, police medic
    56  supervisor or a member who performs police medic  related  services,  as

        A. 8259--A                          4
 
     1  defined  in  section  eighty-nine-s,  as amended by chapter five hundred
     2  seventy-eight of the laws of  nineteen  hundred  ninety-eight,  of  this
     3  chapter,  or employed in Nassau county as a peace officer, as defined in
     4  section  eighty-nine-s,  as added by chapter five hundred ninety-five of
     5  the laws of nineteen hundred ninety-seven, of this chapter, or  employed
     6  in  Albany county as a sheriff, undersheriff, deputy sheriff, correction
     7  officer or identification officer, as defined in  section  eighty-nine-h
     8  of  this  chapter  or  is  employed in St. Lawrence county as a sheriff,
     9  undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
    10  section  eighty-nine-i  of this chapter or is employed in Orleans county
    11  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    12  defined  in  section  eighty-nine-l  of  this  chapter or is employed in
    13  Jefferson  county  as  a  sheriff,  undersheriff,  deputy   sheriff   or
    14  correction  officer, as defined in section eighty-nine-j of this chapter
    15  or is employed in Onondaga county  as  a  deputy  sheriff-jail  division
    16  competitively  appointed  or  as  a  correction  officer,  as defined in
    17  section eighty-nine-k of this chapter or is employed in a  county  which
    18  makes  an  election under subdivision j of section eighty-nine-p of this
    19  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    20  as defined in such section eighty-nine-p or is employed in Broome County
    21  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    22  defined  in  section eighty-nine-m of this chapter or is a Monroe county
    23  deputy sheriff-court security, or deputy sheriff-jailor  as  defined  in
    24  section  eighty-nine-n, as added by chapter five hundred ninety-seven of
    25  the laws of nineteen hundred ninety-one, of this chapter or is  employed
    26  in   Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff  or
    27  correction officer, as defined in section eighty-nine-o of this  chapter
    28  or  is  a  traffic officer with the town of Elmira as defined in section
    29  eighty-nine-q of this chapter or is employed by Suffolk county as a park
    30  police officer, as defined in section eighty-nine-r of this  chapter  or
    31  is  a peace officer employed by a county probation department as defined
    32  in section eighty-nine-t, as added by chapter six hundred three  of  the
    33  laws of nineteen hundred ninety-eight, of this chapter or is employed in
    34  Rockland  county as a deputy sheriff-civil as defined in section eighty-
    35  nine-v of this chapter as added by chapter four hundred forty-one of the
    36  laws of two thousand one, or is employed in Rockland county as a superi-
    37  or correction officer as defined in section eighty-nine-v of this  chap-
    38  ter  as added by chapter five hundred fifty-six of the laws of two thou-
    39  sand one or is a paramedic employed by the police department in the town
    40  of Tonawanda and retires under the provisions of  section  eighty-nine-v
    41  of  this  chapter,  as  added by chapter four hundred seventy-two of the
    42  laws of two thousand one, or is a county fire marshal, supervising  fire
    43  marshal,  fire  marshal,  assistant  fire  marshal, assistant chief fire
    44  marshal, chief fire marshal, division supervising fire marshal  or  fire
    45  marshal  trainee  employed by the county of Nassau as defined in section
    46  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    47  ty sheriff-civil as defined in section eighty-nine-x  of  this  chapter,
    48  employed  as  an emergency medical technician, critical care technician,
    49  advanced emergency medical technician, paramedic or supervisor  of  such
    50  titles  in  a  participating  Suffolk county fire district as defined in
    51  section eighty-nine-ss of this chapter, or is employed as a public safe-
    52  ty dispatcher, public safety telecommunicator,  911  operator,  communi-
    53  cations  officers,  police  communication technician, emergency services
    54  operator, emergency services dispatcher, or any similar title,  employed
    55  by the state, or a county or municipal emergency services department who
    56  is responsible for receiving and managing emergency calls, and dispatch-

        A. 8259--A                          5
 
     1  ing  appropriate  emergency  services, including but not limited to, law
     2  enforcement, fire, and medical assistance as defined in section  eighty-
     3  nine-z of this chapter, and is in a plan which permits immediate retire-
     4  ment  upon completion of a specified period of service without regard to
     5  age.   Except as provided in  subdivision  c  of  section  four  hundred
     6  forty-five-a  of  this  article,  subdivision  c of section four hundred
     7  forty-five-b of this article, subdivision  c  of  section  four  hundred
     8  forty-five-c  of  this  article,  subdivision  c of section four hundred
     9  forty-five-d of this article, subdivision  c  of  section  four  hundred
    10  forty-five-e  of  this  article,  subdivision  c of section four hundred
    11  forty-five-f of this article and subdivision c of section  four  hundred
    12  forty-five-h  of this article, a member in such a plan and such an occu-
    13  pation, other than a police officer or investigator member  of  the  New
    14  York  city  employees'  retirement system or a firefighter, shall not be
    15  permitted to retire prior to the  completion  of  twenty-five  years  of
    16  credited service; provided, however, if such a member in such an occupa-
    17  tion  is  in  a  plan which permits retirement upon completion of twenty
    18  years of service regardless of age, [he or she] such member  may  retire
    19  upon  completion  of  twenty  years of credited service and prior to the
    20  completion of twenty-five years of service, but in such event the  bene-
    21  fit  provided  from  funds other than those based on such a member's own
    22  contributions shall not exceed two per centum of  final  average  salary
    23  per each year of credited service.
    24    § 3. Subdivision a of section 445 of the retirement and social securi-
    25  ty  law, as amended by section 2 of part TT of chapter 55 of the laws of
    26  2025, is amended to read as follows:
    27    a. No member of a retirement system who is subject to  the  provisions
    28  of this article shall retire without regard to age, exclusive of retire-
    29  ment  for  disability, unless they are a police officer, an investigator
    30  member of the New York city employees' retirement  system,  firefighter,
    31  correction  officer,  a  qualifying member as defined in section eighty-
    32  nine-t, as added by chapter six hundred fifty-seven of the laws of nine-
    33  teen hundred ninety-eight, of this chapter, sanitation worker, a special
    34  officer (including persons employed by the city of New York in the title
    35  urban park ranger or associate urban park ranger), school safety  agent,
    36  campus peace officer or a taxi and limousine commission inspector member
    37  of  the  New York city employees' retirement system or the New York city
    38  board of education retirement system, a dispatcher  member  of  the  New
    39  York  city  employees' retirement system, a police communications member
    40  of the New York city employees' retirement system, an EMT member of  the
    41  New  York  city employees' retirement system, a deputy sheriff member of
    42  the New York city employees' retirement system, a correction officer  of
    43  the  Westchester  county  correction  department  as  defined in section
    44  eighty-nine-e of this chapter or employed in Suffolk county as  a  peace
    45  officer,  as  defined in section eighty-nine-s, as added by chapter five
    46  hundred eighty-eight of the laws of nineteen  hundred  ninety-seven,  of
    47  this  chapter,  employed  in  Suffolk county as a correction officer, as
    48  defined in section eighty-nine-f of this chapter, or employed in  Nassau
    49  county as a correction officer, uniformed correction division personnel,
    50  sheriff,  undersheriff  or deputy sheriff, as defined in section eighty-
    51  nine-g of this chapter, or employed in Nassau  county  as  an  ambulance
    52  medical  technician,  an  ambulance  medical  technician/supervisor or a
    53  member who performs ambulance medical technician related services, or  a
    54  police  medic,  police  medic supervisor or a member who performs police
    55  medic related services, as defined in section eighty-nine-s, as  amended
    56  by  chapter  five  hundred seventy-eight of the laws of nineteen hundred

        A. 8259--A                          6
 
     1  ninety-eight, of this chapter, or employed in Nassau county as  a  peace
     2  officer,  as  defined in section eighty-nine-s, as added by chapter five
     3  hundred ninety-five of the laws of  nineteen  hundred  ninety-seven,  of
     4  this  chapter,  or employed in Albany county as a sheriff, undersheriff,
     5  deputy sheriff, correction officer or identification officer, as defined
     6  in section eighty-nine-h of this chapter or is employed in St.  Lawrence
     7  county as a sheriff, undersheriff, deputy sheriff or correction officer,
     8  as  defined  in  section eighty-nine-i of this chapter or is employed in
     9  Orleans county as a sheriff, undersheriff, deputy sheriff or  correction
    10  officer,  as  defined  in  section  eighty-nine-l  of this chapter or is
    11  employed in Jefferson county as a sheriff, undersheriff, deputy  sheriff
    12  or correction officer, as defined in section eighty-nine-j of this chap-
    13  ter  or is employed in Onondaga county as a deputy sheriff-jail division
    14  competitively appointed or  as  a  correction  officer,  as  defined  in
    15  section  eighty-nine-k  of this chapter or is employed in a county which
    16  makes an election under subdivision j of section eighty-nine-p  of  this
    17  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    18  as defined in such section eighty-nine-p or is employed in Broome County
    19  as  a  sheriff,  undersheriff,  deputy sheriff or correction officer, as
    20  defined in section eighty-nine-m of this chapter or is a  Monroe  county
    21  deputy  sheriff-court  security,  or deputy sheriff-jailor as defined in
    22  section eighty-nine-n, as added by chapter five hundred ninety-seven  of
    23  the  laws of nineteen hundred ninety-one, of this chapter or is employed
    24  in  Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff   or
    25  correction  officer, as defined in section eighty-nine-o of this chapter
    26  or is a traffic officer with the town of Elmira as  defined  in  section
    27  eighty-nine-q of this chapter or is employed by Suffolk county as a park
    28  police  officer,  as defined in section eighty-nine-r of this chapter or
    29  is a peace officer employed by a county probation department as  defined
    30  in  section  eighty-nine-t, as added by chapter six hundred three of the
    31  laws of nineteen hundred ninety-eight, of this chapter or is employed in
    32  Rockland county as a deputy sheriff-civil as defined in section  eighty-
    33  nine-v of this chapter as added by chapter four hundred forty-one of the
    34  laws of two thousand one, or is employed in Rockland county as a superi-
    35  or  correction officer as defined in section eighty-nine-v of this chap-
    36  ter as added by chapter five hundred fifty-six of the laws of two  thou-
    37  sand one or is a paramedic employed by the police department in the town
    38  of  Tonawanda  and retires under the provisions of section eighty-nine-v
    39  of this chapter, as added by chapter four  hundred  seventy-two  of  the
    40  laws  of two thousand one, or is a county fire marshal, supervising fire
    41  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
    42  marshal,  chief  fire marshal, division supervising fire marshal or fire
    43  marshal trainee employed by the county of Nassau as defined  in  section
    44  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    45  ty  sheriff-civil  as  defined in section eighty-nine-x of this chapter,
    46  employed as an emergency medical technician, critical  care  technician,
    47  advanced  emergency  medical technician, paramedic or supervisor of such
    48  titles in a participating Suffolk county fire  district  as  defined  in
    49  section  eighty-nine-ss of this chapter, or is a firefighter apprentice,
    50  airport firefighter I, airport firefighter II, airport firefighter  III,
    51  or  training and safety officer employed by the division of military and
    52  naval affairs as defined in section eighty-nine-y of this chapter, or is
    53  employed as a public safety dispatcher, public safety  telecommunicator,
    54  911  operator, communications officers, police communication technician,
    55  emergency services operator, emergency services dispatcher, or any simi-
    56  lar title, employed by the state, or a  county  or  municipal  emergency

        A. 8259--A                          7
 
     1  services  department who is responsible for receiving and managing emer-
     2  gency calls, and dispatching appropriate emergency  services,  including
     3  but  not  limited  to,  law enforcement, fire, and medical assistance as
     4  defined in section eighty-nine-z of this chapter, and is in a plan which
     5  permits  immediate  retirement  upon completion of a specified period of
     6  service without regard to age. Except as provided in  subdivision  c  of
     7  section  four  hundred  forty-five-a  of  this article, subdivision c of
     8  section four hundred forty-five-b of  this  article,  subdivision  c  of
     9  section  four  hundred  forty-five-c  of  this article, subdivision c of
    10  section four hundred forty-five-d of  this  article,  subdivision  c  of
    11  section  four  hundred  forty-five-e  of  this article, subdivision c of
    12  section four hundred forty-five-f of this article and subdivision  c  of
    13  section  four  hundred  forty-five-h of this article, a member in such a
    14  plan and such an occupation, other than a police officer or investigator
    15  member of the New York city employees' retirement system or a firefight-
    16  er, shall not be permitted to retire prior to the completion of  twenty-
    17  five  years  of credited service; provided, however, if such a member in
    18  such an occupation is in a plan which permits retirement upon completion
    19  of twenty years of service regardless  of  age,  they  may  retire  upon
    20  completion  of  twenty  years  of  credited  service  and  prior  to the
    21  completion of twenty-five years of service, but in such event the  bene-
    22  fit  provided  from  funds other than those based on such a member's own
    23  contributions shall not exceed two per centum of  final  average  salary
    24  per each year of credited service.
    25    §  4. Section 603 of the retirement and social security law is amended
    26  by adding a new subdivision x to read as follows:
    27    x. The service retirement benefit specified  in  section  six  hundred
    28  four,  six hundred four-c, as added by chapter ninety-six of the laws of
    29  nineteen hundred ninety-five, or six  hundred  four-d  of  this  article
    30  shall be payable to members with twenty-five or more years of creditable
    31  service,  without  regard  to  age,  who  are  employed as public safety
    32  dispatcher, public safety telecommunicator, 911 operator, communications
    33  officers, police communication technician, emergency services  operator,
    34  emergency  services  dispatcher,  or  any similar title, employed by the
    35  state, or a county or municipal emergency  services  department  who  is
    36  responsible  for receiving and managing emergency calls, and dispatching
    37  appropriate emergency  services,  including  but  not  limited  to,  law
    38  enforcement,  fire, and medical assistance as defined in section eighty-
    39  nine-z of this chapter if: (i) such members have met the minimum service
    40  requirements upon retirement, and (ii) in the case of a  member  subject
    41  to the provisions of article fourteen of this chapter, such member files
    42  an  election therefor which provides that such member will be subject to
    43  the provisions of this article and to none of  the  provisions  of  such
    44  article fourteen. Such election, which is irrevocable, shall be in writ-
    45  ing,  duly  executed  and shall be filed with the comptroller within one
    46  year of an election such member's employer  makes  or  within  one  year
    47  after entering the employment with such county, municipality or employer
    48  upon which eligibility is based, whichever comes later. For the purposes
    49  of  this subdivision, the term "creditable service" shall have the mean-
    50  ing as defined in sections eighty-nine-z and six  hundred  one  of  this
    51  chapter.
    52    §  5. Section 604 of the retirement and social security law is amended
    53  by adding a new subdivision x to read as follows:
    54    x. The early service retirement for a member who is  employed  by  the
    55  state,  or in a county, municipality or employer that makes the election
    56  provided for in subdivision j of section eighty-nine-z of  this  chapter

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     1  as a public safety dispatcher, public safety telecommunicator, 911 oper-
     2  ator, communications officers, police communication technician, emergen-
     3  cy  services  operator,  emergency  services  dispatcher, or any similar
     4  title,  employed  by  the  state,  or  a  county  or municipal emergency
     5  services department who is responsible for receiving and managing  emer-
     6  gency  calls,  and dispatching appropriate emergency services, including
     7  but not limited to, law enforcement, fire, and  medical  assistance,  as
     8  defined  in  section  eighty-nine-z  of  this chapter shall be a pension
     9  equal to one-fiftieth of final average salary times  years  of  credited
    10  service  at  the  completion  of  twenty-five  years of service, but not
    11  exceeding one-half of such member's final average  salary.  For  service
    12  beyond twenty-five years, the benefits shall increase by one-sixtieth of
    13  final  average  salary  for  each  year  of  additional  service  credit
    14  provided, however, that the total allowance  payable  pursuant  to  this
    15  section  shall  not  exceed three-fourths of such member's final average
    16  salary.
    17    § 6. All past service costs incurred with implementing the  provisions
    18  of  this  act  shall be borne by any employer that elects to provide the
    19  benefits provided by this act.
    20    § 7. This act shall take effect on the first of January next  succeed-
    21  ing  the  date  on  which it shall have become a law; provided, however,
    22  that if section 2 of part TT of chapter 55 of the laws of 2025 shall not
    23  have taken effect on or before such date then section three of this  act
    24  shall  take effect on the same date and in the same manner as such chap-
    25  ter of the laws of 2025, takes effect.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would permit the state, counties,  and  municipal  emergency
        services  departments  that  participate in the New York State and Local
        Employees' Retirement System to elect to  provide  members  employed  as
        public  safety  dispatchers, public safety telecommunicators, 911 opera-
        tors, communications officers, police communication  technicians,  emer-
        gency services operators, emergency services dispatchers, or any similar
        title that is responsible for receiving and managing emergency calls and
        dispatching  appropriate  emergency  services  the option to retire upon
        completion of twenty-five years of creditable service with a benefit  of
        one-half  of  final  average  salary  (FAS) and for Tiers 3 through 6 an
        additional benefit of one-sixtieth of FAS for each  year  of  creditable
        service  in  excess  of  twenty-five years, not to exceed fifteen years.
        Additionally, members covered under Article 14 would  be  permitted  one
        year  to  make an irrevocable election to switch to the twenty-five-year
        plan benefit.
          If this bill is enacted during the 2025 Legislative Session, we antic-
        ipate that there will be an increase in the annual contributions  of  an
        electing employer of approximately 6% of salary paid to eligible members
        for  the  fiscal  year  ending March 31, 2026. In future years this cost
        will vary as the billing  rates  and  salary  of  the  affected  members
        change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately 17% of salary paid to
        eligible members which will be borne by the electing employer as a  one-
        time payment.
          Further,  we  anticipate  additional administrative costs to implement
        the provisions of this legislation.
          The exact number of current members as  well  as  future  members  who
        could  be  affected  by  this  legislation cannot be readily determined.
        Prior to electing to  provide  these  benefits,  an  employer  would  be

        A. 8259--A                          9
 
        required  to  submit  a roster of eligible members to the New York State
        and Local Retirement System. This roster would be used to  determine  an
        exact cost to the electing employer.
          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
        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 22, 2025, and intended for use only during
        the 2025 Legislative Session, is Fiscal Note No. 2025-78. 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.
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