•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S06688 Summary:

BILL NOS06688A
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSRRYAN C
 
MLTSPNSR
 
Add Art 14-C §§561 - 564, R & SS L
 
Relates to providing county correction officers with a special optional twenty year retirement plan.
Go to top

S06688 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6688--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 19, 2025
                                       ___________
 
        Introduced  by Sens. SKOUFIS, C. RYAN -- 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  commit-
          tee
 
        AN  ACT  to amend the retirement and social security law, in relation to
          providing county correction officers with a  special  optional  twenty
          year retirement plan
 
          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 article 14-C to read as follows:
     3                                ARTICLE 14-C
     4      OPTIONAL RETIREMENT PLAN FOR COUNTY CORRECTION OFFICERS OR DEPUTY
     5                 SHERIFFS PERFORMING AS CORRECTION OFFICERS
     6  Section 561. Definitions.
     7          562. Optional twenty year retirement plan  for  certain  members
     8                 whose employer elects to provide same.
     9          563. Additional  pension  benefit for members of optional twenty
    10                 year retirement plan.
    11          564. Consistent provisions.
    12    § 561. Definitions. For purposes of this article:
    13    (a) "Member"  shall  mean  a  person  who  is  employed  as  a  county
    14  correction  officer  or  a  deputy  sheriff  who  is engaged directly in
    15  correction officer duties that  aggregate  fifty  per  centum  of  their
    16  service  by  a  county  which  elects  by  resolution or local law, duly
    17  adopted, to provide the benefits as authorized by this article.
    18    (b) "Retirement system" shall  mean  the  New  York  state  and  local
    19  employees' retirement system.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00692-04-6

        S. 6688--A                          2
 
     1    (c)  "Creditable service" shall include any and all services performed
     2  as a sheriff, undersheriff or deputy  sheriff,  or  correction  officer.
     3  Credit  for  service  as a member or officer of the state police or as a
     4  paid firefighter, police  officer  or  officer  of  any  organized  fire
     5  department  or  police force or department of any county, city, village,
     6  town, fire district or police district, shall also be deemed to be cred-
     7  itable service and shall be included in computing years of total service
     8  for retirement pursuant to  this  section,  provided  such  service  was
     9  performed  by  the  member  while  contributing to the retirement system
    10  pursuant to the provisions of this article  or  article  eight  of  this
    11  chapter.
    12    §  562. Optional twenty year retirement plan for certain members whose
    13  employer elects to provide same. (a) Any member of the retirement system
    14  may elect to become a member pursuant to the provisions of this  section
    15  within  one  year  after  they  become  a  member, if their employer has
    16  elected to make the benefits  provided  by  this  section  available  to
    17  members,  or  within  one  year  after their employer elects to make the
    18  benefits provided by this section available to its members.
    19    (b) Elections made pursuant to this section shall be  in  writing  and
    20  shall  be  duly  acknowledged and filed with the comptroller. Any member
    21  who files such an election pursuant to  this  section  may  withdraw  it
    22  after it has been filed for at least a year. Such withdrawal shall be by
    23  written notice duly acknowledged and filed with the comptroller.
    24    (c) A member participating on the basis of this section at the time of
    25  retirement  shall  be  entitled to retire after the completion of twenty
    26  years of total creditable service or upon the attainment of  age  sixty-
    27  two,  by  filing  an  application  therefor  in a manner similar to that
    28  provided in this chapter.
    29    (i) Upon completion of twenty years of such service and  upon  retire-
    30  ment,  each  such  member  shall receive a pension sufficient to provide
    31  them with a retirement allowance equal to one-fortieth  of  their  final
    32  average salary for each year of total creditable services for which they
    33  are  otherwise  entitled  but not exceeding in the aggregate one-half of
    34  their final average salary.
    35    (ii) Upon attainment of age  sixty-two  and  upon  retirement  without
    36  completion  of  twenty  years  of  such  service, each such member shall
    37  receive a pension sufficient to provide them with a retirement allowance
    38  equal to one-fortieth of their final average salary  for  each  year  of
    39  creditable service. Every such member shall also be entitled to an addi-
    40  tional  pension  equal  to  the pension for any other creditable service
    41  rendered as otherwise provided for in this chapter.  This latter pension
    42  shall not increase the total allowance to more than  one-half  of  their
    43  final average salary.
    44    (d)  The  increased  pensions  to  such  members,  as provided by this
    45  section, shall be paid from additional contributions made by the partic-
    46  ipating employer on account of such members. The actuary of the  retire-
    47  ment  system shall compute the additional contribution required for each
    48  member who elects to receive the special benefits  provided  under  this
    49  section. Such additional contributions shall be computed on the basis of
    50  contributions  during  the prospective service of such member which will
    51  cover the liability of the retirement system for  such  extra  pensions.
    52  Upon approval of the comptroller, such additional contributions shall be
    53  certified  by  them  to  the  chief  fiscal officer or the participating
    54  employer. The amount thereof shall be included in the  annual  appropri-
    55  ation  of  the  participating employer. Such amount shall be paid on the

        S. 6688--A                          3
 
     1  warrant of the chief fiscal officer of the participating employer to the
     2  pension accumulation fund of the retirement system.
     3    (e)  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    (f) 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  they  attain  age  sixty-two,
    10  provided,  however, that such a member who attained the age of sixty-two
    11  before their employer elected to make  the  benefits  provided  by  this
    12  section  available  to  them, or who attains the age of sixty-two within
    13  one month after their employer makes  such  benefits  available,  to  be
    14  eligible  for  a  pension  computed in accordance with the provisions of
    15  this section, shall be separated from the service  within  three  months
    16  after their employer makes such benefits available.
    17    (g)  The provisions of this section shall be controlling notwithstand-
    18  ing any other provision of this article to the contrary.
    19    (h) The benefits of this section shall  be  available  only  to  those
    20  members  whose  employer  elects  to provide such benefits by adopting a
    21  resolution or local law to such effect and filing a certified copy ther-
    22  eof with the comptroller.
    23    (i) The benefits provided by  this  section  shall  be  payable  to  a
    24  member,  unless at the date of retirement such member would otherwise be
    25  entitled to a greater benefit under other provisions of this chapter had
    26  they withdrawn from this section, in which event such  greater  benefits
    27  shall be payable.
    28    §  563. Additional pension benefit for members of optional twenty year
    29  retirement plan. (a) A participating  employer  which  has  elected,  or
    30  which elects to provide the benefits of the optional twenty year retire-
    31  ment  plan  for  its employees as specified in this article may elect to
    32  make contributions for the purpose of providing  an  additional  pension
    33  pursuant to this section for members in its employ who are entitled to a
    34  pension  pursuant  to  section  five  hundred sixty-two of this article.
    35  Every member employed by an employer which has elected the provisions of
    36  section five hundred sixty-two of this  article  and  this  section  may
    37  elect to be covered by the provisions of this section by filing with the
    38  comptroller, a duly executed and acknowledged form prepared by the comp-
    39  troller for that purpose.
    40    (b)  Upon retirement, each such member shall receive, for each year of
    41  service in excess of twenty, an additional pension which shall be  equal
    42  to  one-sixtieth  of their final average salary; provided, however, that
    43  the total allowance payable pursuant to this section  shall  not  exceed
    44  three-quarters of such member's final average salary.
    45    §  564. Consistent provisions. Nothing contained in this article shall
    46  be construed to otherwise affect the applicability  of  article  eleven,
    47  fourteen  or fifteen of this chapter. Any other provisions of this chap-
    48  ter relating to mandatory contribution to the  retirement  system  based
    49  upon a member's date of membership in such system shall not be deemed to
    50  be affected by the provisions of this article, and any member who on the
    51  effective  date  of this article is not required to contribute shall not
    52  be required to make any contributions as a result of this  section.  For
    53  those  members  required  to  contribute  to the retirement system, such
    54  contribution shall be treated in the same manner as specified  for  such
    55  members in article fourteen or fifteen of this chapter.

        S. 6688--A                          4
 
     1    § 2. Any past service payments required of a county as a result of the
     2  adoption  of  the benefits permitted by this act may be amortized over a
     3  five or ten-year period at the option of such county.
     4    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would add article 14-C to the retirement and social security
        law, allowing any county to provide county correction officers and depu-
        ty  sheriffs  with  correction officer duties, the option to retire with
        twenty years of service credit. The benefit would be one-half  of  final
        average  salary  (FAS). A county may elect to provide an additional one-
        sixtieth of FAS for each year of service credit beyond 20 years, not  to
        exceed three-fourths (75%) of FAS. Any member electing to become covered
        under this new plan is expected to retain eligibility for all disability
        and death benefits provided under their current plan.
          The  following  table  reports  the  estimated increase in an electing
        county's annual contributions beginning FYE 2027. Annual costs will vary
        as the billing rates and salary of the affected members change.

        Current Plan                    20-year plan        20-year plan
                                                            with sixtieths
        Articles 14 or 15               11.2%               12.4%
        89* 25-year plan                8.3%                9.5%
        County Law Enforcement
        Article 14-B 25-year plan       4.7%                5.9%
        Article 14-B 25-year plan       2.4%                3.6%
        with sixtieths
 
          In addition, there will be an immediate past service  cost  that  will
        depend upon the affected members' service, salary, tier, current retire-
        ment  plan and new retirement plan. This cost may be amortized over 5 or
        10 years.
          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
        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 individual employer electing to  provide  these  bene-
        fits.
          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.

        S. 6688--A                          5
 
          This  estimate,  dated  February  24,  2026, and intended for use only
        during the 2026 Legislative Session, is Fiscal Note Number  2026-92.  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 Actu-
        aries,  of  which  I  am  a  member.  I am a member of NYSLRS but do not
        believe it impairs my objectivity.
Go to top