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S08863 Summary:

BILL NOS08863
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSR
 
MLTSPNSR
 
Amd §§89-g & 604, R & SS L
 
Authorizes a thirty year retirement benefit for certain members in Nassau county; provides a retirement allowance equal to 60 percent of a member's final average salary.
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S08863 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8863
 
                    IN SENATE
 
                                    January 12, 2026
                                       ___________
 
        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
          authorizing  a  thirty  year retirement benefit for certain members in
          Nassau county
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions c, g and h of section 89-g of the retirement
     2  and social security law, as added by chapter 653 of the laws of 1988 and
     3  such section as renumbered by chapter 771  of  the  laws  of  1988,  are
     4  amended to read as follows:
     5    c.  (1)  Upon completion of twenty-five years of such service and upon
     6  retirement, each such member shall receive  a  pension  which,  together
     7  with  an  annuity  which shall be the actuarial equivalent of [his] such
     8  member's accumulated contributions at the time of  [his]  such  member's
     9  retirement  and  an additional pension which is the actuarial equivalent
    10  of the reserved-for-increased-take-home-pay to which  [he]  such  member
    11  may  then  be  entitled shall be sufficient to provide [him] such member
    12  with a retirement allowance equal to one-half  of  [his]  such  member's
    13  final average salary.
    14    (2)  For a member employed by Nassau county with a title of correction
    15  recruit, correction officer, correction corporal,  correction  sergeant,
    16  correction  lieutenant, or correction captain, upon completion of thirty
    17  years of such service  and  upon  retirement,  each  such  member  shall
    18  receive  a  pension  which,  together with an annuity which shall be the
    19  actuarial equivalent of such member's accumulated contributions  at  the
    20  time  of such member's retirement and an additional pension which is the
    21  actuarial  equivalent  of  the  reserved-for-increased-take-home-pay  to
    22  which  such  member  may then be entitled shall be sufficient to provide
    23  such member with a retirement allowance equal to sixty percent  of  such
    24  member's final average salary.
    25    g.  A member, contributing on the basis of this section at the time of
    26  retirement, shall retire after the completion of  twenty-five  years  or
    27  thirty  years  of  total creditable service. Application therefor may be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09321-05-6

        S. 8863                             2

     1  filed in a manner similar to that provided in section  seventy  of  this
     2  article.  Upon  completion  of twenty-five years or thirty years of such
     3  service and upon retirement, each such member shall  receive  a  pension
     4  which,  together with an annuity which shall be the actuarial equivalent
     5  of [his] such member's accumulated contributions at the  time  of  [his]
     6  such member's retirement and an additional pension which is the actuari-
     7  al  equivalent  of the reserve-for-increased-take-home-pay to which [he]
     8  such member may then be entitled shall be sufficient  to  provide  [him]
     9  such  member with a retirement allowance equal to one-half of [his] such
    10  member's final average salary for a member retiring after the completion
    11  of twenty-five years of such service, or a retirement allowance equal to
    12  sixty percent of such member's final average salary for a member  retir-
    13  ing after the completion of thirty years of such service.
    14    h. In computing the twenty-five years or thirty years of total service
    15  of a member pursuant to this section full credit shall be given and full
    16  allowance  shall be made for service of such member in time of war after
    17  World War I as defined in section two of  this  chapter,  provided  such
    18  member at the time of [his] such member's entrance into the armed forces
    19  was in the service of the county of Nassau.
    20    § 2. Subdivision e of section 604 of the retirement and social securi-
    21  ty  law,  as  amended  by chapter 771 of the laws of 1988, is amended to
    22  read as follows:
    23    e. 1. The early service retirement for a member  who  is  employed  in
    24  Nassau  county  as  a  correction officer, uniformed correction division
    25  personnel, sheriff,  undersheriff  or  deputy  sheriff,  as  defined  in
    26  section  eighty-nine-g of this chapter, shall be a pension equal to one-
    27  fiftieth of final average salary times years of credited service at  the
    28  completion  of  twenty-five years of service as such correction officer,
    29  uniformed correction division personnel, sheriff, undersheriff or deputy
    30  sheriff, but not exceeding one-half of [his or her] such member's  final
    31  average salary.
    32    2. The early service retirement for a member who is employed by Nassau
    33  county   with   a  title  of  correction  recruit,  correction  officer,
    34  correction corporal,  correction  sergeant,  correction  lieutenant,  or
    35  correction  captain,  shall  be a pension equal to one-fiftieth of final
    36  average salary times years of credited  service  at  the  completion  of
    37  thirty  years  of  service as such correction officer, but not exceeding
    38  sixty percent of such member's final average salary.
    39    §  3.  All  past  service  costs  associated  with  implementing   the
    40  provisions of this act shall be borne by the county of Nassau and may be
    41  amortized over a period of ten years.
    42    §  4. Notwithstanding any other provision of law to the contrary, none
    43  of the provisions of this act shall  be  subject  to  the  appropriation
    44  requirement of section 25 of the retirement and social security law.
    45    §  5.  This  act  shall take effect immediately and shall apply to all
    46  members who 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 employed by
        the county of  Nassau  as  correction  officers.  The  modified  service
        retirement  benefit  will be one-half of final average salary (FAS) upon
        completion of twenty-five years of creditable service and sixty  percent
        of  FAS  upon  completion  of  thirty  years  of creditable service. The
        current service retirement benefit is one-half of FAS upon completion of
        twenty-five years of creditable service.

        S. 8863                             3
 
          We estimate that the county  of  Nassau's  annual  contributions  will
        increase  $418,000  beginning  FYE  2027. Annual costs will vary but are
        expected to average 0.3% of salary.
          In  addition,  there  will  be an immediate past service cost of $7.31
        million borne by the county of Nassau as a one-time payment.  This  cost
        assumes  that payment will be made on February 1, 2027. If the county of
        Nassau elects to amortize this cost over 10 years,  the  cost  for  each
        year will be $933,000.
          These  estimated  costs  are based on 729 affected members employed by
        the county of Nassau, with annual salary of approximately  $112  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).
          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 January 9, 2026, and intended for use only during
        the  2026  Legislative  Session, is Fiscal Note Number 2026-51. 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.
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