STATE OF NEW YORK
________________________________________________________________________
8154
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
making certain benefits available to members of the Dutchess county
sheriff's department; and providing for the repeal of certain
provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision k of section 89-p of the retirement and social
2 security law is relettered subdivision l and a new subdivision k is
3 added to read as follows:
4 k. (1) Notwithstanding any provision of law to the contrary, Dutchess
5 county may elect to make available to the members described in subdivi-
6 sions a and d of this section the twenty-year retirement plan provided
7 by section five hundred sixty-one of this chapter; provided that Dutch-
8 ess county shall pay the cost attributable therefor.
9 (2) The benefits provided by this subdivision shall be available only
10 to those members defined in paragraph one of this subdivision upon the
11 adoption of a resolution specifically stating that Dutchess county
12 elects to offer the benefit provided by section five hundred sixty-one
13 of this chapter, as authorized by this subdivision and filing a certi-
14 fied copy thereof with the comptroller. Such resolution may also contain
15 an election that any past service cost be paid over either a five-year
16 or ten-year period. Such resolution shall be accompanied by the affida-
17 vit of the chief executive officer of Dutchess county that such county
18 has received an estimate from the retirement system of the cost of the
19 benefit provided by section five hundred sixty-one of this chapter.
20 (3) Such resolution shall apply to all members defined in paragraph
21 one of this subdivision, except those already subject to a retirement
22 plan which permits immediate retirement with a benefit upon a specified
23 period of service of twenty years or less without regard to age.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11926-03-5
S. 8154 2
1 § 2. The retirement and social security law is amended by adding a new
2 section 561 to read as follows:
3 § 561. Optional retirement plan for Dutchess county deputy sheriffs.
4 a. A member of the retirement system employed by Dutchess county may
5 elect to become a member pursuant to the provisions of this section
6 within one year after such member becomes a member, if Dutchess county
7 has elected to make the benefits provided herein available to members,
8 or within one year after Dutchess county elects to make the benefits
9 provided herein available to its members.
10 b. Elections made pursuant to this section shall be in writing and
11 shall be duly acknowledged and filed with the comptroller. Any member
12 who files such an election pursuant to this section may withdraw it
13 after it has been filed for at least one year. Such withdrawal shall be
14 by written notice duly acknowledged and filed with the comptroller.
15 c. A member participating on the basis of this section at the time of
16 retirement, shall be entitled to retire after the completion of twenty
17 years of total creditable service or upon the attainment of age sixty-
18 two, by filing an application therefor in a manner similar to that
19 provided in this chapter.
20 1. Upon completion of twenty years of such service and upon retire-
21 ment, each such member shall receive a pension sufficient to provide
22 such member with a retirement allowance equal to one-fortieth of such
23 member's final average salary for each year of total creditable service
24 for which such member is otherwise entitled but not exceeding in the
25 aggregate one-half of such member's final average salary; provided,
26 however, if upon retirement, such member shall have credited service in
27 excess of twenty years, such member shall receive, for each year of
28 service in excess of twenty, an additional pension which shall be equal
29 to one-sixtieth of such member's final average salary; and provided
30 further that the total allowance payable pursuant to this section shall
31 not exceed three-quarters of such member's final average salary.
32 2. Upon attainment of age sixty-two and upon retirement without
33 completion of twenty years of such service, each such member shall
34 receive a pension sufficient to provide such member with a retirement
35 allowance equal to one-fortieth of their final average salary for each
36 year of creditable service. Every such member shall also be entitled to
37 an additional pension equal to the pension for any other creditable
38 service rendered as otherwise provided for in this chapter. This latter
39 pension shall not increase the total allowance to more than one-half of
40 such member's final average salary.
41 d. Dutchess county may elect to provide any service credit earned with
42 a public employer prior to services performed as a sheriff, undersheriff
43 or deputy sheriff towards the one-sixtieth allowance provided by para-
44 graph one of subdivision c of this section.
45 e. The increased pension, as provided by this section, shall be paid
46 from additional contributions made by the participating employer on
47 account of such members. The actuary of the retirement system shall
48 compute the additional contribution required for each member who elects
49 to receive the special benefits provided under this section. Such addi-
50 tional contributions shall be computed on the basis of contributions
51 during the prospective service of such member which will cover the
52 liability of the retirement system for such extra pensions. Upon
53 approval of the comptroller, such additional contributions shall be
54 certified by the comptroller to the Dutchess county chief fiscal offi-
55 cer. The amount thereof shall be included in the annual appropriation of
56 Dutchess county. Such amount shall be paid on the warrant of the chief
S. 8154 3
1 fiscal officer of Dutchess county to the pension accumulation fund of
2 the retirement system.
3 f. In computing the twenty years of completed service of a member,
4 full credit shall be given for military service as defined in subdivi-
5 sions twenty-nine-a and thirty of section three hundred two of this
6 chapter.
7 g. Every member participating on the basis of this section shall be
8 separated from the service on the last day of the calendar month next
9 succeeding the calendar month in which such member attains age sixty-
10 two, provided, however, that such a member who attained the age of
11 sixty-two before the Dutchess county elected to make the benefits
12 provided herein available to such member, or who attains the age of
13 sixty-two within one month after the Dutchess county makes such benefits
14 available, to be eligible for a pension computed in accordance with the
15 provisions of this section, shall be separated from the service within
16 three months after the Dutchess county makes such benefits available.
17 h. The provisions of this section shall be controlling notwithstanding
18 any provision in this article to the contrary.
19 i. The benefits of this section shall be available upon Dutchess coun-
20 ty electing to provide such benefits by adopting a resolution to such
21 effect and filing a certified copy thereof with the comptroller.
22 j. The benefits hereinabove provided shall be payable to a member,
23 unless at the date of retirement, such member would otherwise be enti-
24 tled to a greater benefit under other provisions of this chapter had
25 such member withdrawn from this section, in which event such greater
26 benefits shall be payable.
27 k. 1. As used in this section "creditable service" shall include, any
28 and all services performed as a sheriff, undersheriff or deputy sheriff,
29 provided, however, that criminal law enforcement service shall only be
30 creditable when it aggregates fifty per centum or more of their service
31 as a deputy sheriff.
32 2. Notwithstanding the provisions of paragraph one of this subdivi-
33 sion, Dutchess county may elect on a form filed with the comptroller for
34 that purpose to provide that creditable service shall also include any
35 and all service performed by a deputy sheriff who is a police officer
36 pursuant to subdivision thirty-four of section 1.20 of the criminal
37 procedure law as certified by the municipal police council or as certi-
38 fied by the police department of the city of New York upon satisfactory
39 completion of the basic training program and graduation from the New
40 York city police academy.
41 3. Credit for service as a member or officer of the state police or as
42 a paid firefighter, police officer or officer of any organized fire
43 department or police force or department of any county, city, village,
44 town, fire district or police district and that credit therefor shall
45 not exceed five years, shall also be deemed to be creditable service and
46 shall be included in computing years of total service for retirement
47 pursuant to this section, provided such service was performed by the
48 member while contributing to the retirement system pursuant to the
49 provisions of this article or article eight of this chapter.
50 § 3. Dutchess county is authorized to file an election in accordance
51 with subdivision k of section eighty-nine-p of the retirement and social
52 security law electing to offer the provisions of section five hundred
53 sixty-one of the retirement and social security law to its members
54 defined in subdivisions a and d of section eighty-nine-p of the retire-
55 ment and social security law within one hundred eighty days of the
S. 8154 4
1 effective date of this act. All past service costs associated with
2 section two of this act shall be borne by Dutchess county.
3 § 4. Notwithstanding any other provision of law to the contrary, none
4 of the provisions of this act shall be subject to the appropriation
5 requirement of section 25 of the retirement and social security law.
6 § 5. This act shall take effect immediately; provided however, that if
7 the county of Dutchess fails to file the election pursuant to section
8 three of this act with the comptroller within one hundred eighty days of
9 the effective date of this act, on the one hundred eighty-first day
10 following the effective date of this act, sections two and three of this
11 act shall expire and be deemed repealed; provided that the comptroller
12 shall notify the legislative bill drafting commission upon the occur-
13 rence of the filing of such election provided for in section three of
14 this act, or lack thereof, in order that the commission may maintain an
15 accurate and timely effective data base of the official text of the laws
16 of the state of New York in furtherance of effectuating the provisions
17 of section 44 of the legislative law and section 70-b of the public
18 officers law.
