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S07635 Summary:

BILL NOS07635B
 
SAME ASSAME AS A09162-A
 
SPONSORRYAN C
 
COSPNSRASHBY, BYNOE, GALLIVAN, JACKSON, MARTINEZ, MATTERA, PALUMBO, ROLISON, TEDISCO
 
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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S07635 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7635--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 24, 2025
                                       ___________
 
        Introduced  by  Sens. C. RYAN, ASHBY, GALLIVAN, JACKSON, MARTINEZ, MATT-
          ERA, PALUMBO, ROLISON -- read twice  and  ordered  printed,  and  when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee and committed to the Commit-
          tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee --  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
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09821-08-6

        S. 7635--B                          2
 
     1  eligibility provisions available under any other plan of this article to
     2  which  such  member is subject. The comptroller shall have the authority
     3  to include positions within the provisions of this section that  compre-
     4  hend the same duties and responsibilities, but are named differently.
     5    b.  Such  member  shall  be  entitled to retire upon the completion of
     6  twenty-five years of total creditable service by filing  an  application
     7  therefor in the manner provided for in section seventy of this article.
     8    c.  Upon  completion  of  twenty-five  years  of such service and upon
     9  retirement, each such member shall receive  a  pension  which,  together
    10  with an annuity which shall be the actuarial equivalent of such member's
    11  accumulated contributions at the time of such member's retirement and an
    12  additional  pension  which  is the actuarial equivalent of the reserved-
    13  for-increased-take-home-pay to which such member may  then  be  entitled
    14  shall  be  sufficient to provide such member with a retirement allowance
    15  equal to one-half of such member's final average salary.
    16    d. As used in this section, "creditable service" shall include any and
    17  all services performed as a  public  safety  dispatcher,  public  safety
    18  telecommunicator, 911 operator, communications officers, police communi-
    19  cation  technician,  emergency  services  operator,  emergency  services
    20  dispatcher, or any similar title, employed by the state, or a county  or
    21  municipal emergency services department who is responsible for receiving
    22  and  managing  emergency  calls,  and  dispatching appropriate emergency
    23  services, including but not  limited  to,  law  enforcement,  fire,  and
    24  medical assistance.
    25    e. Credit for service as a member or officer of the state police or as
    26  a  paid  firefighter,  police  officer  or officer of any organized fire
    27  department or police force or department of any county,  city,  village,
    28  town, fire district or police district, or as a criminal investigator in
    29  the office of a district attorney, shall also be deemed to be creditable
    30  service  and  shall  be included in computing years of total service for
    31  retirement pursuant to this section.
    32    f. The officer of the state, or chief executive officer of a county or
    33  municipality that makes the election provided for in  subdivision  j  of
    34  this  section shall certify to the comptroller, periodically and at such
    35  intervals of time as may be required of them and in such fashion as  may
    36  be  prescribed, the identity of members in eligible titles as defined in
    37  subdivisions a and d of this section.
    38    g. A member contributing on the basis of this section at the  time  of
    39  retirement may retire after the completion of twenty-five years of total
    40  creditable  service. Application therefor may be filed in a manner simi-
    41  lar to that provided in section seventy of this article. Upon completion
    42  of twenty-five years of such service  and  upon  retirement,  each  such
    43  member  shall  receive  a  pension which, together with an annuity which
    44  shall be the actuarial equivalent of such member's accumulated  contrib-
    45  utions at the time of such member's retirement and an additional pension
    46  which  is  the  actuarial equivalent of the reserved-for-increased-take-
    47  home-pay to which such member may be entitled  shall  be  sufficient  to
    48  provide  such  member  with  a retirement allowance equal to one-half of
    49  such member's final  average  salary.  For  service  beyond  twenty-five
    50  years,  the  benefit shall be increased by one-sixtieth of final average
    51  salary for each year of additional service credit provided, however, the
    52  total allowance payable pursuant to this section shall not exceed three-
    53  fourths of such member's final average salary.
    54    h. In computing the twenty-five years of total  service  of  a  member
    55  pursuant  to this section, full credit shall be given and full allowance
    56  shall be made for service of such member in time of war after World  War

        S. 7635--B                          3
 
     1  I as defined in section two of this chapter, provided such member at the
     2  time  of such member's entrance into the armed forces was in the service
     3  of the county of such member's employer that makes the election provided
     4  for in this section.
     5    i. Nothing in this section shall be construed to prevent a member, who
     6  does not retire pursuant to the provisions of this section, from utiliz-
     7  ing  service  which  is creditable service pursuant to the provisions of
     8  this section for service credit pursuant to the provisions of any  other
     9  plan of this article to which such member is subject.
    10    j.  (1)  Each  employer that elects pursuant to the provisions of this
    11  subdivision shall pay the cost attributable therefor.
    12    (2) The benefits of this section shall  be  available  only  to  those
    13  members as defined in subdivisions a and d of this section whose employ-
    14  er  elects  to  provide  such  benefits by adopting a resolution to such
    15  effect and filing a certified copy thereof with  the  comptroller.  Such
    16  resolution  may  also contain an election that any past services cost be
    17  paid over either a five-year or ten-year period. Such  resolution  shall
    18  be  accompanied  by  the affidavit of the officer of the state making an
    19  election pursuant to this subdivision or the chief executive officer  of
    20  the  county  or  municipality that the state, county or municipality has
    21  received an estimate from the retirement system of the cost of the bene-
    22  fit provided by this section.
    23    (3) Such resolution shall apply to all members defined in subdivisions
    24  a and d of this section, except those already subject  to  a  retirement
    25  plan  which permits immediate retirement with a benefit upon a specified
    26  period of service of twenty-five years or less without regard to age.
    27    k. The provisions of this section shall be controlling notwithstanding
    28  any other provisions in this article to the contrary.
    29    § 2. Subdivision a of section 445 of the retirement and social securi-
    30  ty law, as amended by section 2 of part TT of chapter 55 of the laws  of
    31  2025, is amended to read as follows:
    32    a.  No  member of a retirement system who is subject to the provisions
    33  of this article shall retire without regard to age, exclusive of retire-
    34  ment for disability, unless they are a police officer,  an  investigator
    35  member  of  the New York city employees' retirement system, firefighter,
    36  correction officer, a qualifying member as defined  in  section  eighty-
    37  nine-t, as added by chapter six hundred fifty-seven of the laws of nine-
    38  teen hundred ninety-eight, of this chapter, sanitation worker, a special
    39  officer (including persons employed by the city of New York in the title
    40  urban  park ranger or associate urban park ranger), school safety agent,
    41  campus peace officer or a taxi and limousine commission inspector member
    42  of the New York city employees' retirement system or the New  York  city
    43  board  of  education  retirement  system, a dispatcher member of the New
    44  York city employees' retirement system, a police  communications  member
    45  of  the New York city employees' retirement system, an EMT member of the
    46  New York city employees' retirement system, a deputy sheriff  member  of
    47  the  New York city employees' retirement system, a correction officer of
    48  the Westchester county  correction  department  as  defined  in  section
    49  eighty-nine-e  of  this chapter or employed in Suffolk county as a peace
    50  officer, as defined in section eighty-nine-s, as added by  chapter  five
    51  hundred  eighty-eight  of  the laws of nineteen hundred ninety-seven, of
    52  this chapter, employed in Suffolk county as  a  correction  officer,  as
    53  defined  in section eighty-nine-f of this chapter, or employed in Nassau
    54  county as a correction officer, uniformed correction division personnel,
    55  sheriff, undersheriff or deputy sheriff, as defined in  section  eighty-
    56  nine-g  of  this  chapter,  or employed in Nassau county as an ambulance

        S. 7635--B                          4
 
     1  medical technician, an  ambulance  medical  technician/supervisor  or  a
     2  member  who performs ambulance medical technician related services, or a
     3  police medic, police medic supervisor or a member  who  performs  police
     4  medic  related services, as defined in section eighty-nine-s, as amended
     5  by chapter five hundred seventy-eight of the laws  of  nineteen  hundred
     6  ninety-eight,  of  this chapter, or employed in Nassau county as a peace
     7  officer, as defined in section eighty-nine-s, as added by  chapter  five
     8  hundred  ninety-five  of  the  laws of nineteen hundred ninety-seven, of
     9  this chapter, or employed in Albany county as a  sheriff,  undersheriff,
    10  deputy sheriff, correction officer or identification officer, as defined
    11  in  section eighty-nine-h of this chapter or is employed in St. Lawrence
    12  county as a sheriff, undersheriff, deputy sheriff or correction officer,
    13  as defined in section eighty-nine-i of this chapter or  is  employed  in
    14  Orleans  county as a sheriff, undersheriff, deputy sheriff or correction
    15  officer, as defined in section  eighty-nine-l  of  this  chapter  or  is
    16  employed  in Jefferson county as a sheriff, undersheriff, deputy sheriff
    17  or correction officer, as defined in section eighty-nine-j of this chap-
    18  ter or is employed in Onondaga county as a deputy sheriff-jail  division
    19  competitively  appointed  or  as  a  correction  officer,  as defined in
    20  section eighty-nine-k of this chapter or is employed in a  county  which
    21  makes  an  election under subdivision j of section eighty-nine-p of this
    22  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    23  as defined in such section eighty-nine-p or is employed in Broome County
    24  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    25  defined  in  section eighty-nine-m of this chapter or is a Monroe county
    26  deputy sheriff-court security, or deputy sheriff-jailor  as  defined  in
    27  section  eighty-nine-n, as added by chapter five hundred ninety-seven of
    28  the laws of nineteen hundred ninety-one, of this chapter or is  employed
    29  in   Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff  or
    30  correction officer, as defined in section eighty-nine-o of this  chapter
    31  or  is  a  traffic officer with the town of Elmira as defined in section
    32  eighty-nine-q of this chapter or is employed by Suffolk county as a park
    33  police officer, as defined in section eighty-nine-r of this  chapter  or
    34  is  a peace officer employed by a county probation department as defined
    35  in section eighty-nine-t, as added by chapter six hundred three  of  the
    36  laws of nineteen hundred ninety-eight, of this chapter or is employed in
    37  Rockland  county as a deputy sheriff-civil as defined in section eighty-
    38  nine-v of this chapter as added by chapter four hundred forty-one of the
    39  laws of two thousand one, or is employed in Rockland county as a superi-
    40  or correction officer as defined in section eighty-nine-v of this  chap-
    41  ter  as added by chapter five hundred fifty-six of the laws of two thou-
    42  sand one or is a paramedic employed by the police department in the town
    43  of Tonawanda and retires under the provisions of  section  eighty-nine-v
    44  of  this  chapter,  as  added by chapter four hundred seventy-two of the
    45  laws of two thousand one, or is a county fire marshal, supervising  fire
    46  marshal,  fire  marshal,  assistant  fire  marshal, assistant chief fire
    47  marshal, chief fire marshal, division supervising fire marshal  or  fire
    48  marshal  trainee  employed by the county of Nassau as defined in section
    49  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    50  ty sheriff-civil as defined in section eighty-nine-x  of  this  chapter,
    51  employed  as  an emergency medical technician, critical care technician,
    52  advanced emergency medical technician, paramedic or supervisor  of  such
    53  titles  in  a  participating  Suffolk county fire district as defined in
    54  section eighty-nine-ss of this chapter, or is a firefighter  apprentice,
    55  airport  firefighter I, airport firefighter II, airport firefighter III,
    56  or training and safety officer employed by the division of military  and

        S. 7635--B                          5

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

        S. 7635--B                          6
 
     1    §  4. Section 604 of the retirement and social security law is amended
     2  by adding a new subdivision x to read as follows:
     3    x.  The  early  service retirement for a member who is employed by the
     4  state, or in a county, municipality or employer that makes the  election
     5  provided  for  in subdivision j of section eighty-nine-z of this chapter
     6  as a public safety dispatcher, public safety telecommunicator, 911 oper-
     7  ator, communications officers, police communication technician, emergen-
     8  cy services operator, emergency  services  dispatcher,  or  any  similar
     9  title,  employed  by  the  state,  or  a  county  or municipal emergency
    10  services department who is responsible for receiving and managing  emer-
    11  gency  calls,  and dispatching appropriate emergency services, including
    12  but not limited to, law enforcement, fire, and  medical  assistance,  as
    13  defined  in  section  eighty-nine-z  of  this chapter shall be a pension
    14  equal to one-fiftieth of final average salary times  years  of  credited
    15  service  at  the  completion  of  twenty-five  years of service, but not
    16  exceeding one-half of such member's final average  salary.  For  service
    17  beyond twenty-five years, the benefits shall increase by one-sixtieth of
    18  final  average  salary  for  each  year  of  additional  service  credit
    19  provided, however, that the total allowance  payable  pursuant  to  this
    20  section  shall  not  exceed three-fourths of such member's final average
    21  salary.
    22    § 5. All past service costs incurred with implementing the  provisions
    23  of  this  act  shall be borne by any employer that elects to provide the
    24  benefits provided by this act.
    25    § 6. This act shall take effect on the first of January next  succeed-
    26  ing the date on which it shall have become a law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  the state, counties, and municipal emergency
        services departments to provide members employed  in  a  title  that  is
        responsible  for  receiving and managing emergency calls and dispatching
        appropriate emergency services, the option to  retire  with  twenty-five
        years  of service credit. The benefit would be one-half of final average
        salary (FAS) plus one-sixtieth of FAS for each additional year of  cred-
        itable service, not to exceed three-fourths (75%) of FAS.  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.
          We estimate that the  annual  contribution  required  of  an  electing
        employer will increase by 7% of the salary paid to the affected members.
        Annual  costs  will vary as the billing rates and salary of the affected
        members change.
          In addition, there will be a past service cost borne by each  electing
        employer.  This  cost  will  vary by employer but is expected to average
        approximately 30% of the salary paid to the affected members. This  past
        service cost can be borne as a one-time payment or paid over a five-year
        or ten-year period.
          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:

        S. 7635--B                          7
 
          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.
          This  estimate,  dated  February  11,  2026, and intended for use only
        during the 2026 Legislative Session, is Fiscal Note Number  2026-40.  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.
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