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S09068 Summary:

BILL NOS09068A
 
SAME ASSAME AS A10263-A
 
SPONSORGRIFFO
 
COSPNSRJACKSON, MARTINEZ
 
MLTSPNSR
 
Add §89-z, amd §§445, 603, 503 & 604, R & SS L
 
Establishes an optional twenty-five year retirement plan for employees of the New York Power Authority with the job title of mechanic, technician, electrician, equipment operator, power plant operator, utility security officer, or lineperson.
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S09068 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9068--A
 
                    IN SENATE
 
                                    January 28, 2026
                                       ___________
 
        Introduced  by Sens. GRIFFO, JACKSON, MARTINEZ -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Civil
          Service  and  Pensions  -- 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
          establishing  an optional twenty-five year retirement plan for certain
          employees of the New York Power Authority
 
          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. Retirement of certain employees employed by the New York power
     4  authority. a. Any person who is employed by the New York power authority
     5  with the job title of mechanic, technician, electrician, equipment oper-
     6  ator,  power  plant  operator,  utility  security officer, or lineperson
     7  shall be eligible to retire pursuant to the provisions of this  section.
     8  Such  eligibility  shall be an alternative to the eligibility provisions
     9  available under any other plan of this article to which such  member  is
    10  subject.
    11    b.  Such  member  shall  be  entitled to retire upon the completion of
    12  twenty-five years of total creditable service by filing  an  application
    13  therefor in the manner provided for in section seventy of this article.
    14    c.  Upon  completion  of  twenty-five  years  of such service and upon
    15  retirement, each such member shall receive  a  pension  which,  together
    16  with an annuity which shall be the actuarial equivalent of such member's
    17  accumulated  contributions  at the time of their retirement and an addi-
    18  tional pension which is the actuarial equivalent of the reserved-for-in-
    19  creased-take-home-pay to which such member may then be entitled shall be
    20  sufficient to provide such member with a retirement allowance  equal  to
    21  fifty percent of such member's final average salary.
    22    d.  Notwithstanding section forty-one of this article, as used in this
    23  section  "creditable  service"  shall  include  any  and  all   services
    24  performed as an employee of the New York power authority.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00633-15-6

        S. 9068--A                          2
 
     1    e.  A member, contributing on the basis of this section at the time of
     2  retirement, shall retire after the completion of  twenty-five  years  of
     3  total  creditable service. Application therefor may be filed in a manner
     4  similar to that provided  in  section  seventy  of  this  article.  Upon
     5  completion  of  twenty-five  years  of such service and upon retirement,
     6  each such member shall receive a pension which, together with an annuity
     7  which shall be the actuarial equivalent  of  such  member's  accumulated
     8  contributions  at the time of their retirement and an additional pension
     9  which is the actuarial  equivalent  of  the  reserve-for-increased-take-
    10  home-pay  to  which such member may then be entitled shall be sufficient
    11  to provide such member  with  a  retirement  allowance  equal  to  fifty
    12  percent of such member's final average salary.
    13    f.  In  computing  the  twenty-five years of total service of a member
    14  pursuant to this section full credit shall be given and  full  allowance
    15  shall  be made for service of such member in time of war after World War
    16  I as defined in section two of this chapter, provided such member at the
    17  time of such member's entrance  into  the  armed  forces  was  in  state
    18  service.
    19    g. Nothing herein shall be construed to prevent a member, who does not
    20  retire  pursuant  to  the  provisions  of  this  section, from utilizing
    21  service which is creditable service pursuant to the provisions  of  this
    22  section  for service credit pursuant to the provisions of any other plan
    23  of this article to which such member is subject.
    24    h. The provisions of this section shall be controlling notwithstanding
    25  any other provision in this article to the contrary.
    26    § 2. Subdivision a of section 445 of the retirement and social securi-
    27  ty law, as amended by section 2 of part TT of chapter 55 of the laws  of
    28  2025, is amended to read as follows:
    29    a.  No  member of a retirement system who is subject to the provisions
    30  of this article shall retire without regard to age, exclusive of retire-
    31  ment for disability, unless they are a police officer,  an  investigator
    32  member  of  the New York city employees' retirement system, firefighter,
    33  correction officer, a qualifying member as defined  in  section  eighty-
    34  nine-t, as added by chapter six hundred fifty-seven of the laws of nine-
    35  teen hundred ninety-eight, of this chapter, sanitation worker, a special
    36  officer (including persons employed by the city of New York in the title
    37  urban  park ranger or associate urban park ranger), school safety agent,
    38  campus peace officer or a taxi and limousine commission inspector member
    39  of the New York city employees' retirement system or the New  York  city
    40  board  of  education  retirement  system, a dispatcher member of the New
    41  York city employees' retirement system, a police  communications  member
    42  of  the New York city employees' retirement system, an EMT member of the
    43  New York city employees' retirement system, a deputy sheriff  member  of
    44  the  New York city employees' retirement system, a correction officer of
    45  the Westchester county  correction  department  as  defined  in  section
    46  eighty-nine-e  of  this chapter or employed in Suffolk county as a peace
    47  officer, as defined in section eighty-nine-s, as added by  chapter  five
    48  hundred  eighty-eight  of  the laws of nineteen hundred ninety-seven, of
    49  this chapter, employed in Suffolk county as  a  correction  officer,  as
    50  defined  in section eighty-nine-f of this chapter, or employed in Nassau
    51  county as a correction officer, uniformed correction division personnel,
    52  sheriff, undersheriff or deputy sheriff, as defined in  section  eighty-
    53  nine-g  of  this  chapter,  or employed in Nassau county as an ambulance
    54  medical technician, an  ambulance  medical  technician/supervisor  or  a
    55  member  who performs ambulance medical technician related services, or a
    56  police medic, police medic supervisor or a member  who  performs  police

        S. 9068--A                          3
 
     1  medic  related services, as defined in section eighty-nine-s, as amended
     2  by chapter five hundred seventy-eight of the laws  of  nineteen  hundred
     3  ninety-eight,  of  this chapter, or employed in Nassau county as a peace
     4  officer,  as  defined in section eighty-nine-s, as added by chapter five
     5  hundred ninety-five of the laws of  nineteen  hundred  ninety-seven,  of
     6  this  chapter,  or employed in Albany county as a sheriff, undersheriff,
     7  deputy sheriff, correction officer or identification officer, as defined
     8  in section eighty-nine-h of this chapter or is employed in St.  Lawrence
     9  county as a sheriff, undersheriff, deputy sheriff or correction officer,
    10  as  defined  in  section eighty-nine-i of this chapter or is employed in
    11  Orleans county as a sheriff, undersheriff, deputy sheriff or  correction
    12  officer,  as  defined  in  section  eighty-nine-l  of this chapter or is
    13  employed in Jefferson county as a sheriff, undersheriff, deputy  sheriff
    14  or correction officer, as defined in section eighty-nine-j of this chap-
    15  ter  or is employed in Onondaga county as a deputy sheriff-jail division
    16  competitively appointed or  as  a  correction  officer,  as  defined  in
    17  section  eighty-nine-k  of this chapter or is employed in a county which
    18  makes an election under subdivision j of section eighty-nine-p  of  this
    19  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    20  as defined in such section eighty-nine-p or is employed in Broome County
    21  as  a  sheriff,  undersheriff,  deputy sheriff or correction officer, as
    22  defined in section eighty-nine-m of this chapter or is a  Monroe  county
    23  deputy  sheriff-court  security,  or deputy sheriff-jailor as defined in
    24  section eighty-nine-n, as added by chapter five hundred ninety-seven  of
    25  the  laws of nineteen hundred ninety-one, of this chapter or is employed
    26  in  Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff   or
    27  correction  officer, as defined in section eighty-nine-o of this chapter
    28  or is a traffic officer with the town of Elmira as  defined  in  section
    29  eighty-nine-q of this chapter or is employed by Suffolk county as a park
    30  police  officer,  as defined in section eighty-nine-r of this chapter or
    31  is a peace officer employed by a county probation department as  defined
    32  in  section  eighty-nine-t, as added by chapter six hundred three of the
    33  laws of nineteen hundred ninety-eight, of this chapter or is employed in
    34  Rockland county as a deputy sheriff-civil as defined in section  eighty-
    35  nine-v of this chapter as added by chapter four hundred forty-one of the
    36  laws of two thousand one, or is employed in Rockland county as a superi-
    37  or  correction officer as defined in section eighty-nine-v of this chap-
    38  ter as added by chapter five hundred fifty-six of the laws of two  thou-
    39  sand one or is a paramedic employed by the police department in the town
    40  of  Tonawanda  and retires under the provisions of section eighty-nine-v
    41  of this chapter, as added by chapter four  hundred  seventy-two  of  the
    42  laws  of two thousand one, or is a county fire marshal, supervising fire
    43  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
    44  marshal,  chief  fire marshal, division supervising fire marshal or fire
    45  marshal trainee employed by the county of Nassau as defined  in  section
    46  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    47  ty  sheriff-civil  as  defined in section eighty-nine-x of this chapter,
    48  employed as an emergency medical technician, critical  care  technician,
    49  advanced  emergency  medical technician, paramedic or supervisor of such
    50  titles in a participating Suffolk county fire  district  as  defined  in
    51  section  eighty-nine-ss of this chapter, or is a firefighter apprentice,
    52  airport firefighter I, airport firefighter II, airport firefighter  III,
    53  or  training and safety officer employed by the division of military and
    54  naval affairs as defined in section eighty-nine-y of this chapter, or is
    55  employed by the New York power authority with the job title of mechanic,
    56  technician, electrician, equipment operator, power plant operator, util-

        S. 9068--A                          4
 
     1  ity security officer, or lineperson as defined in section  eighty-nine-z
     2  of  this  chapter,  and  is in a plan which permits immediate retirement
     3  upon completion of a specified period of service without regard to  age.
     4  Except as provided in subdivision c of section four hundred forty-five-a
     5  of  this  article, subdivision c of section four hundred forty-five-b of
     6  this article, subdivision c of section four hundred forty-five-c of this
     7  article, subdivision c of section  four  hundred  forty-five-d  of  this
     8  article,  subdivision  c  of  section  four hundred forty-five-e of this
     9  article, subdivision c of section  four  hundred  forty-five-f  of  this
    10  article  and  subdivision c of section four hundred forty-five-h of this
    11  article, a member in such a plan and such an occupation,  other  than  a
    12  police  officer  or  investigator member of the New York city employees'
    13  retirement system or a firefighter, shall not  be  permitted  to  retire
    14  prior  to  the  completion  of  twenty-five  years  of credited service;
    15  provided, however, if such a member in such an occupation is in  a  plan
    16  which  permits  retirement  upon  completion  of twenty years of service
    17  regardless of age, they may retire upon completion of  twenty  years  of
    18  credited  service  and  prior  to the completion of twenty-five years of
    19  service, but in such event the benefit provided from  funds  other  than
    20  those  based  on  such a member's own contributions shall not exceed two
    21  per centum of final average salary per each year of credited service.
    22    § 3. Section 603 of the retirement and social security law is  amended
    23  by adding a new subdivision x to read as follows:
    24    x.  The  service  retirement  benefit specified in section six hundred
    25  four of this article shall be payable to  members  with  twenty-five  or
    26  more  years  of  creditable  service,  without  regard  to  age, who are
    27  employed by the New York power authority with the job title of mechanic,
    28  technician, electrician, equipment operator, power plant operator, util-
    29  ity security officer, or lineperson, as defined in section eighty-nine-z
    30  of this chapter if:   (i) such members  have  met  the  minimum  service
    31  requirements  upon  retirement, and (ii) in the case of a member subject
    32  to the provisions of article fourteen of this chapter, such member files
    33  an election therefor which provides that such member will be subject  to
    34  the  provisions  of  this  article and to none of the provisions of such
    35  article fourteen. Such election, which shall be irrevocable, shall be in
    36  writing, duly executed and shall be filed with  the  comptroller  within
    37  one year of the effective date of this subdivision or within one year of
    38  entering  into  service  as an employee of the New York power authority.
    39  The term "creditable service" shall have the meaning as  so  defined  in
    40  section  eighty-nine-z  of this chapter and subdivision c of section six
    41  hundred one of this article.
    42    § 4. Subdivision a of section 503 of the retirement and social securi-
    43  ty law, as amended by chapter 18 of the laws of 2012, is amended to read
    44  as follows:
    45    a. The normal service retirement benefit  specified  in  section  five
    46  hundred  four of this article shall be payable to general members, other
    47  than elective members, who have met  the  minimum  service  requirements
    48  upon  retirement  and  attainment of age sixty-two, provided, however, a
    49  general member who is a peace officer  employed  by  the  unified  court
    50  system  or  a member of a teachers' retirement system may retire without
    51  reduction of [his or her] such member's retirement benefit upon  attain-
    52  ment  of  at  least  fifty-five years of age and completion of thirty or
    53  more years of service. For members who become members of  the  New  York
    54  state  and  local  employees' retirement system on or after April first,
    55  two thousand twelve, the normal service retirement benefits specified in
    56  section five hundred four of this article shall be  payable  to  general

        S. 9068--A                          5
 
     1  members,  other  than elective members, who have met the minimum service
     2  requirements upon retirement and attainment of age sixty-three; provided
     3  that, a member who is an employee of the New York power  authority  with
     4  the  job title of mechanic, technician, electrician, equipment operator,
     5  power plant operator, utility security officer, or lineperson may retire
     6  without reduction of such member's retirement benefit upon attainment of
     7  twenty-five or more years of service if they have  elected  the  special
     8  retirement plan found in section eighty-nine-z of this chapter.
     9    §  5. Section 604 of the retirement and social security law is amended
    10  by adding a new subdivision x to read as follows:
    11    x. The early service retirement for a member who is an employee of the
    12  New York power authority with the job  title  of  mechanic,  technician,
    13  electrician,  equipment operator, power plant operator, utility security
    14  officer, or lineperson as defined in section eighty-nine-z of this chap-
    15  ter, shall be a pension equal to one-fiftieth of  final  average  salary
    16  times  years  of service as an employee of the New York power authority,
    17  but not exceeding one-half of such member's final average salary.
    18    § 6. Notwithstanding any provision of law to the contrary, none of the
    19  provisions of this act shall be subject to the appropriation requirement
    20  of section 25 of the retirement and social security law.
    21    §  7.  All  past  service  costs  associated  with  implementing   the
    22  provisions of this act shall be borne by the New York Power Authority.
    23    § 8. This act shall take effect immediately.
    24    FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
    25    This bill would permit members of the New York State and Local Employ-
    26  ees'  Retirement  System  employed  by the New York power authority as a
    27  mechanic, technician, electrician, equipment operator, power plant oper-
    28  ator, utility security officer, or linesperson to retire upon completion
    29  of twenty-five years of creditable service with a  benefit  of  one-half
    30  final  average salary. Members covered under Article 14 would be permit-
    31  ted one year to make an irrevocable election to switch  to  the  twenty-
    32  five-year plan. Membership in any labor organization certified or recog-
    33  nized  to represent the employees of the New York power authority is not
    34  required.
    35    We estimate that the New York power authority's  annual  contributions
    36  will  increase  $1.4  beginning  FYE 2027. Annual costs will vary as the
    37  billing rates and salary of the affected members change.
    38    In addition, there will be an immediate past  service  cost  of  $12.1
    39  million  borne  by  the  New York power authority as a one-time payment.
    40  This cost assumes that payment will be made on February 1, 2027.
    41    These estimated costs are based on 435 affected  members  employed  by
    42  the  New  York  power authority, with annual salary of approximately $52
    43  million as of March 31, 2025. The affected members were identified using
    44  job title codes provided by the office of Senator Griffo.
    45    Summary of relevant resources:
    46    Membership data as of March 31, 2025 was used to measure the impact of
    47  the bill, the same data used in the Actuarial Valuations dated April  1,
    48  2025. Distributions and other statistics can be found in the 2025 Report
    49  of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
    50  actuarial assumptions and methods used are described in the 2025  Annual
    51  Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
    52  and  Regulations  of  the State of New York: Audit and Control. The fair
    53  value of assets and GASB disclosures can be found in the 2025  Financial
    54  Statements and Supplementary Information.

        S. 9068--A                          6
 
     1    Assumptions,  demographics,  and  other  considerations  may have been
     2  modified to better reflect specific provisions of any  proposed  benefit
     3  change(s).
     4    This  fiscal note does not constitute a legal opinion on the viability
     5  of the bill, nor is it intended to serve as a substitute for the profes-
     6  sional judgment of an attorney.
     7    This estimate, dated March 27, 2026, and intended for use only  during
     8  the  2026  Legislative Session, is Fiscal Note Number 2026-158. As Chief
     9  Actuary of the New York State and Local Retirement System  (NYSLRS),  I,
    10  Aaron  Schottin  Young,  hereby certify that this analysis complies with
    11  applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
    12  Professional  Conduct  and Qualification Standards for Actuaries Issuing
    13  Statements of Actuarial Opinion of the American Academy of Actuaries, of
    14  which I am a member. I am a member of  NYSLRS  but  do  not  believe  it
    15  impairs my objectivity.
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