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S09476 Summary:

BILL NOS09476
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSR
 
MLTSPNSR
 
Amd §381-b, R & SS L
 
Relates to service rendered by police officers in the agency police services unit.
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S09476 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9476
 
                    IN SENATE
 
                                     March 16, 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
          service rendered by police officers in the agency police services unit
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision a of section 381-b of the retirement and social
     2  security law, as amended by section 6 of part L of  chapter  58  of  the
     3  laws of 2024, is amended to read as follows:
     4    a.  Membership.  (1)  Every member or officer of the division of state
     5  police in the executive department who enters or  re-enters  service  in
     6  the  division  on or after April first, nineteen hundred sixty-nine, and
     7  every member or officer of the division of state police in the executive
     8  department in such service on such date may elect to be covered  by  the
     9  provisions of this section by filing an election therefor with the comp-
    10  troller  on  or before March thirty-first, nineteen hundred seventy-two.
    11  To be effective, such election shall be duly executed  and  acknowledged
    12  on a form prepared by the comptroller for that purpose.
    13    (2)  Every  investigator  or  sworn officer employed by the commission
    14  created by section six of chapter eight hundred eighty-two of  the  laws
    15  of  nineteen hundred fifty-three, constituting the waterfront commission
    16  act, as amended, on or after July first, two thousand twenty-three,  and
    17  every  investigator or sworn officer employed by the New York Waterfront
    18  Commission  in  the  executive  department  shall  be  covered  by   the
    19  provisions of this section[, and every member or officer of the division
    20  of state police in the executive department in such service on such date
    21  may  elect  to be covered by the provisions of this section by filing an
    22  election therefor with the comptroller on or before March  thirty-first,
    23  nineteen  hundred  seventy-two.  To  be effective, such election must be
    24  duly executed and acknowledged on a form prepared by the comptroller for
    25  that purpose].
    26    (3) Every non-seasonally appointed sworn  member  or  officer  of  the
    27  division of law enforcement in the department of environmental conserva-
    28  tion,  a forest ranger in the service of the department of environmental
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14774-03-6

        S. 9476                             2
 
     1  conservation, which shall mean a person who serves on a full-time  basis
     2  in  the  title  of forest ranger I, forest ranger II, forest ranger III,
     3  assistant superintendent  of  forest  fire  control,  superintendent  of
     4  forest  fire control or any successor titles or new titles in the forest
     5  ranger title series in the department of environmental  conservation,  a
     6  police  officer  in  the  department  of environmental conservation, the
     7  regional state park police, and  university  police  officers  shall  be
     8  covered by the provisions of this section.
     9    § 2. Subdivision c of section 381-b of the retirement and social secu-
    10  rity  law, as amended by chapter 581 of the laws of 2001, paragraph 1 as
    11  amended by chapter 187 of the laws of 2023, subparagraph (ii)  of  para-
    12  graph  1  as amended by section 6 of part L of chapter 58 of the laws of
    13  2024 and paragraph 2 as amended by chapter 440 of the laws of  2017,  is
    14  amended and a new subdivision h is added to read as follows:
    15    c. Credit for previous police service.  (1) Police service. In comput-
    16  ing  the years of total creditable service in such division, full credit
    17  shall be given and full allowance shall be made:
    18    (i) for service rendered as a police officer or  member  of  a  police
    19  force or department of a state park authority or commission or an organ-
    20  ized police force or department of a county, city, town, village, police
    21  district,  authority  or  other  participating employer or member of the
    22  capital police force in the office of general services while a member of
    23  the New York state and local police and fire retirement system,  of  the
    24  New York state and local employees' retirement system or of the New York
    25  city police pension fund;
    26    (ii)  for  service rendered as an investigator or sworn officer of the
    27  waterfront commission of New York harbor, for  service  rendered  as  an
    28  investigator or sworn officer of the New York Waterfront Commission, for
    29  service rendered as an investigator-trainee of the waterfront commission
    30  of  New York harbor, and for service rendered as an investigator-trainee
    31  of the New York Waterfront Commission, that was creditable under  subdi-
    32  vision w of section three hundred eighty-four-d of this article; [and]
    33    (iii)  for  all  service for which full credit has been given and full
    34  allowance made pursuant to  the  provisions  of  section  three  hundred
    35  seventy-five-h  of  this  chapter  provided,  however,  that full credit
    36  pursuant to the provisions of such section shall mean only such  service
    37  as  would  be  creditable  service pursuant to the provisions of section
    38  three hundred eighty-three or section three  hundred  eighty-three-a  or
    39  three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
    40  en  of the laws of nineteen hundred eighty-six of this chapter or pursu-
    41  ant to the provisions of title thirteen of the  administrative  code  of
    42  the  city  of  New  York  for  any  member contributing pursuant to this
    43  section who transferred to the division of state police[.
    44    (2) State university police officer service. Upon completion  of  more
    45  than  twenty years of service, and upon retirement, each such member who
    46  was previously credited with service credit in the New  York  state  and
    47  local  employees'  retirement  system  or  the  New York state and local
    48  police and fire retirement system as an officer appointed by  the  state
    49  university  pursuant  to paragraph l of subdivision two of section three
    50  hundred fifty-five  of  the  education  law  and  who  has  successfully
    51  completed  a  course  of  law  enforcement  training as provided in such
    52  section of the education law or for any such officer who retires on  and
    53  after   January  first,  two  thousand  eighteen  who  has  successfully
    54  completed such course of law enforcement training within  two  years  of
    55  his  or  her  date  of  appointment  shall receive for each such year of
    56  previous service, up to a total of no greater than five years of  previ-

        S. 9476                             3

     1  ous  service,  additional service credit equal to one-sixtieth of his or
     2  her final average salary.]; and
     3    (iv)  for  service rendered as a non-seasonally appointed sworn member
     4  or officer of the division of law enforcement in the department of envi-
     5  ronmental conservation, a forest ranger in the service of the department
     6  of environmental conservation, which shall mean a person who serves on a
     7  full-time basis in the title of  forest  ranger  I,  forest  ranger  II,
     8  forest  ranger  III,  assistant  superintendent  of forest fire control,
     9  superintendent of forest fire control or any  successor  titles  or  new
    10  titles  in  the forest ranger title series in the department of environ-
    11  mental conservation, a police officer in the department of environmental
    12  conservation, the regional state park police,  university  police  offi-
    13  cers, and university peace officers.
    14    (2)  Notwithstanding  any  other provision of law to the contrary, any
    15  creditable service provided under this subdivision shall  be  creditable
    16  service under any other section of this chapter.
    17    h.  The provisions of this section shall be controlling, notwithstand-
    18  ing any provision of this article to the contrary.
    19    § 3. This act shall take effect July 1, 2026.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend the retirement and social security law (RSSL) to
        require members or officers of the division of law  enforcement  in  the
        department  of environmental conservation, forest rangers in the service
        of the department of environmental conservation, police officers in  the
        department  of  environmental  conservation,  the  regional  state  park
        police, and university police officers to be covered under § 381-b.
          We estimate that the state of New  York's  annual  contributions  will
        increase $10 million beginning FYE 2027, with near-term costs increasing
        6.7%  of salary for Tier 6 participants, from 25.6% to 32.3%. Subsequent
        costs will vary annually but are expected  to  average  4.9%  of  salary
        long-term.
          In  addition,  there  will  be  an  immediate past service cost of $90
        million borne by the state of New York as a one-time payment. This  cost
        assumes that payment will be made on March 1, 2027.
          These  estimated costs are based on 1,233 affected members employed by
        the state of New York, with annual salary of approximately $134  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 March 09, 2026, and intended for use only during
        the 2026 Legislative Session, is Fiscal Note Number 2026-139.  As  Chief
        Actuary  of  the New York State and Local Retirement System (NYSLRS), I,

        S. 9476                             4
 
        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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