Provides that a member with credited service in excess of twenty-five years shall receive an additional retirement allowance equal to one-sixtieth of such member's final average salary for each year of creditable service in excess of twenty-five years; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
3314--A
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, RHOADS, WEIK --
read twice and ordered printed, and when printed to be committed to
the Committee on Civil Service and Pensions -- recommitted to the
Committee on Civil Service and Pensions in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
certain benefits of sheriffs, undersheriffs, deputy sheriffs and
correction officers with credited service of more than twenty-five
years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision c of section 89-p of the retirement and social
2 security law, as added by chapter 725 of the laws of 1994, is amended to
3 read as follows:
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 [his] such
7 member's accumulated contributions at the time of [his] such member's
8 retirement and an additional pension which is the actuarial equivalent
9 of the reserved-for-increased-take-home-pay to which [he] such member
10 may then be entitled shall be sufficient to provide [him] such member
11 with a retirement allowance equal to one-half of [his] such member's
12 final average salary, provided however that a member with credited
13 service in excess of twenty-five years shall receive an additional
14 retirement allowance equal to one-sixtieth of such member's final aver-
15 age salary for each year of creditable service in excess of twenty-five
16 years, provided, however that the pension payable pursuant to this
17 section shall not exceed three-quarters of such member's final average
18 salary.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01063-03-6
S. 3314--A 2
1 § 2. Subdivision m of section 604 of the retirement and social securi-
2 ty law, as added by chapter 725 of the laws of 1994, is amended to read
3 as follows:
4 m. The early service retirement benefit for a member who is employed
5 in a county that makes the election provided for in subdivision j of
6 section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy
7 sheriff or correction officer as defined in section eighty-nine-p of
8 this chapter shall be a pension equal to one-fiftieth of final average
9 salary times years of credited service at the completion of twenty-five
10 years of service as such sheriff, undersheriff, deputy sheriff or
11 correction officer, [but not exceeding one-half of his or her] plus an
12 additional retirement allowance equal to one-sixtieth of such member's
13 final average salary for each year of credited service in excess of
14 twenty-five years, provided, however that the pension payable pursuant
15 to such section shall not exceed three-quarters of such member's final
16 average salary.
17 § 3. All past service costs associated with implementing the
18 provisions of this act shall be borne by the county that makes the
19 election provided for in subdivision j of section 89-p of the retirement
20 and social security law.
21 § 4. Notwithstanding any other provision of law to the contrary, none
22 of the provisions of this act shall be subject to the appropriation
23 requirement of section 25 of the retirement and social security law.
24 § 5. This act shall take effect immediately and shall apply to all
25 qualified members pursuant to sections one and two of this act who
26 retire on or after such date.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the service retirement benefit for members of
the New York State and Local Employees' Retirement System (NYSLERS)
covered by the provisions of Retirement and Social Security Law (RSSL)
section 89-p. The modified service retirement benefit will be one-half
of final average salary (FAS) upon completion of twenty-five years of
creditable service with additional sixtieths for each year of creditable
service beyond twenty-five years, not to exceed three-fourths (75%) of
FAS. The current service retirement benefit is one-half of FAS upon
completion of twenty-five years of creditable service.
We estimate that the annual contributions of counties that have
adopted RSSL section 89-p will increase $7.8 million beginning FYE 2027.
Annual costs will vary but are expected to average 1.8% of salary.
In addition, there will be an immediate past service cost of $39.4
million which will be shared by the affected counties and will be borne
as a one-time payment. This cost assumes that payment will be made on
February 1, 2027.
Detailed costs with a breakdown by affected counties are as follows:
County Name Employer Past Service Future Annual
Location Code Cost (one-time) Cost (ongoing)
ALLEGANY 10002 $ 881,000 $ 115,000
CATTARAUGUS 10004 438,000 108,000
CAYUGA 10005 765,000 132,000
CHAUTAUQUA 10006 620,000 155,000
CHEMUNG 10007 669,000 107,000
CHENANGO 10008 268,000 91,000
CLINTON 10009 485,000 115,000
COLUMBIA 10010 348,000 80,000
S. 3314--A 3
CORTLAND 10011 414,000 78,000
DELAWARE 10012 362,000 97,000
DUTCHESS 10013 2,810,000 514,000
ERIE 10014 6,020,000 1,080,000
ESSEX 10015 442,000 99,000
FULTON 10017 440,000 144,000
GENESEE 10018 357,000 104,000
HERKIMER 10021 295,000 67,000
LEWIS 10023 151,000 49,000
LIVINGSTON 10024 652,000 116,000
MADISON 10025 278,000 95,000
MONROE 10026 20,000 13,000
MONTGOMERY 10027 450,000 96,000
NIAGARA 10029 1,008,000 278,000
ONEIDA 10030 3,299,000 524,000
ONTARIO 10032 1,259,000 246,000
ORANGE 10033 3,995,000 654,000
OSWEGO 10035 677,000 178,000
OTSEGO 10036 273,000 74,000
PUTNAM 10037 573,000 111,000
RENSSELAER 10038 1,074,000 240,000
ROCKLAND 10039 1,089,000 306,000
SARATOGA 10041 875,000 220,000
SCHENECTADY 10042 1,801,000 296,000
SCHOHARIE 10043 304,000 58,000
SCHUYLER 10044 166,000 47,000
SENECA 10045 366,000 74,000
SULLIVAN 10048 881,000 169,000
TIOGA 10049 269,000 63,000
TOMPKINS 10050 540,000 112,000
ULSTER 10051 1,944,000 264,000
WARREN 10052 723,000 145,000
WAYNE 10054 584,000 121,000
WYOMING 10056 206,000 60,000
YATES 10057 $ 294,000 $ 71,000
TOTAL All $39,365,000 $7,766,000
Further, we anticipate some administrative costs to implement the
provisions of this legislation.
These estimated costs are based on 4,552 affected members of NYSLERS
employed by these counties, with an estimated annual salary base of $387
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).
S. 3314--A 4
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 3, 2026, and intended for use only during
the 2026 Legislative Session, is Fiscal Note Number 2026-74. 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.
