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S09948 Summary:

BILL NOS09948
 
SAME ASNo Same As
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Add §89-tt, amd §§445, 603 & 604, R & SS L
 
Provides as an alternative retirement option from the current option, that any member employed as an emergency medical technician, critical care technician, advanced emergency medical technician, paramedic or supervisor of such titles upon an election by a participating fire district, not including those in a city with a population of one million or more, shall be eligible to retire.
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S09948 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9948
 
                    IN SENATE
 
                                     April 17, 2026
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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
          the  optional  retirement  of members employed as an emergency medical
          technician, critical care technician, advanced emergency medical tech-
          nician, paramedic or supervisor of such titles in a participating fire
          district
 
          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-tt to read as follows:
     3    § 89-tt. Retirement  of members employed as an emergency medical tech-
     4  nician, critical care technician, advanced emergency medical technician,
     5  paramedic or supervisor of such titles in a participating fire district.
     6    a. (1) Any member employed on or after  the  effective  date  of  this
     7  section  as  an  emergency medical technician, critical care technician,
     8  advanced emergency medical technician, paramedic or supervisor  of  such
     9  titles upon an election by a participating fire district shall be eligi-
    10  ble to retire pursuant to the provisions of this section. Such eligibil-
    11  ity  shall  be  an  alternative  to the eligibility provisions available
    12  under any other plan of this article to which such member is subject; or
    13    (2) Any member employed as an  emergency  medical  technician,   crit-
    14  ical  care  technician, advanced emergency medical technician, paramedic
    15  or supervisor of such titles upon an election by  a  participating  fire
    16  district, not including those in a city with a population of one million
    17  or  more, shall be eligible to retire pursuant to the provisions of this
    18  section. Such eligibility shall be an  alternative  to  the  eligibility
    19  provisions  available  under any  other  plan  of  this article to which
    20  such member is subject.
    21    b. Such member shall be entitled to  retire  upon  the  completion  of
    22  twenty-five  years  of total creditable service by filing an application
    23  therefor in the manner provided for in section seventy of this article.
    24    c. Upon completion of twenty-five  years  of  such  service  and  upon
    25  retirement,  each  such  member  shall receive a pension which, together
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13979-03-6

        S. 9948                             2

     1  with an annuity which shall be the actuarial equivalent of such member's
     2  accumulated contributions at the time of retirement  and  an  additional
     3  pension  which  is  the  actuarial  equivalent  of  the reserved-for-in-
     4  creased-take-home-pay to which they may then be entitled shall be suffi-
     5  cient to provide a retirement allowance equal to one-half of their final
     6  average salary.
     7    d.  As used in this section "creditable service" shall include any and
     8  all services performed as an emergency medical technician, critical care
     9  technician, advanced emergency medical technician, paramedic or supervi-
    10  sor of such titles employed by a participating fire district.
    11    e. Credit for service as a paid firefighter or officer of  any  organ-
    12  ized  fire  department shall also be deemed to be creditable service and
    13  shall be included in computing years of  total  service  for  retirement
    14  pursuant to this section.
    15    f.  A  member contributing on the basis of this section at the time of
    16  retirement, may retire after the  completion  of  twenty-five  years  of
    17  total  creditable service. Application therefor may be filed in a manner
    18  similar to that provided  in  section  seventy  of  this  article.  Upon
    19  completion  of  twenty-five  years  of such service and upon retirement,
    20  each such member shall receive a pension which, together with an annuity
    21  which shall be the actuarial equivalent  of  such  member's  accumulated
    22  contributions  at the time of retirement and an additional pension which
    23  is the actuarial equivalent of the  reserved-for-increased-take-home-pay
    24  to  which  they  may  then  be entitled shall be sufficient to provide a
    25  retirement allowance equal to one-half of their  final  average  salary;
    26  for  service  beyond  twenty-five years the benefit is increased by one-
    27  sixtieth of final average salary for each  year  of  additional  service
    28  credit  provided,  however, that the total allowance payable pursuant to
    29  this section shall not exceed three-fourths of such member's final aver-
    30  age salary.
    31    g. In computing the twenty-five years of total  service  of  a  member
    32  pursuant  to  this section full credit shall be given and full allowance
    33  shall be made for service of such member in time of war after World  War
    34  I as defined in section two of this chapter, provided such member at the
    35  time  of  such member's entrance into the armed forces was employed by a
    36  participating fire district.
    37    h. Nothing in this section shall be construed to prevent a member, who
    38  does not retire pursuant to the provisions of this section, from utiliz-
    39  ing service which is creditable service pursuant to  the  provisions  of
    40  this  section for service credit pursuant to the provisions of any other
    41  plan of this article to which such member is subject.
    42    i. The provisions of this section shall be controlling notwithstanding
    43  any other provision of this article to the contrary.
    44    j. (1) Each fire district that elects pursuant to  the  provisions  of
    45  this subdivision shall pay the cost attributable therefor.
    46    (2)  The  benefits  of  this  section shall be available only to those
    47  members defined in subdivisions a and d of this section  whose  employer
    48  elects  to provide such benefits by adopting a resolution to such effect
    49  and filing a certified copy thereof with the  comptroller.  Such  resol-
    50  ution shall be accompanied by the affidavit of the chief executive offi-
    51  cer of the fire district that the fire district has received an estimate
    52  from  the  retirement system of the cost of the benefit provided by this
    53  section.
    54    (3) Such resolution shall apply to all members defined in subdivisions
    55  a and d of this section.

        S. 9948                             3
 
     1    § 2. Subdivision a of section 445 of the retirement and social securi-
     2  ty law, as amended by section 2 of part TT of chapter 55 of the laws  of
     3  2025, is amended to read as follows:
     4    a.  No  member of a retirement system who is subject to the provisions
     5  of this article shall retire without regard to age, exclusive of retire-
     6  ment for disability, unless they are a police officer,  an  investigator
     7  member  of  the New York city employees' retirement system, firefighter,
     8  correction officer, a qualifying member as defined  in  section  eighty-
     9  nine-t, as added by chapter six hundred fifty-seven of the laws of nine-
    10  teen hundred ninety-eight, of this chapter, sanitation worker, a special
    11  officer (including persons employed by the city of New York in the title
    12  urban  park ranger or associate urban park ranger), school safety agent,
    13  campus peace officer or a taxi and limousine commission inspector member
    14  of the New York city employees' retirement system or the New  York  city
    15  board  of  education  retirement  system, a dispatcher member of the New
    16  York city employees' retirement system, a police  communications  member
    17  of  the New York city employees' retirement system, an EMT member of the
    18  New York city employees' retirement system, a deputy sheriff  member  of
    19  the  New York city employees' retirement system, a correction officer of
    20  the Westchester county  correction  department  as  defined  in  section
    21  eighty-nine-e  of  this chapter or employed in Suffolk county as a peace
    22  officer, as defined in section eighty-nine-s, as added by  chapter  five
    23  hundred  eighty-eight  of  the laws of nineteen hundred ninety-seven, of
    24  this chapter, employed in Suffolk county as  a  correction  officer,  as
    25  defined  in section eighty-nine-f of this chapter, or employed in Nassau
    26  county as a correction officer, uniformed correction division personnel,
    27  sheriff, undersheriff or deputy sheriff, as defined in  section  eighty-
    28  nine-g  of  this  chapter,  or employed in Nassau county as an ambulance
    29  medical technician, an  ambulance  medical  technician/supervisor  or  a
    30  member  who performs ambulance medical technician related services, or a
    31  police medic, police medic supervisor or a member  who  performs  police
    32  medic  related services, as defined in section eighty-nine-s, as amended
    33  by chapter five hundred seventy-eight of the laws  of  nineteen  hundred
    34  ninety-eight,  of  this chapter, or employed in Nassau county as a peace
    35  officer, as defined in section eighty-nine-s, as added by  chapter  five
    36  hundred  ninety-five  of  the  laws of nineteen hundred ninety-seven, of
    37  this chapter, or employed in Albany county as a  sheriff,  undersheriff,
    38  deputy sheriff, correction officer or identification officer, as defined
    39  in  section eighty-nine-h of this chapter or is employed in St. Lawrence
    40  county as a sheriff, undersheriff, deputy sheriff or correction officer,
    41  as defined in section eighty-nine-i of this chapter or  is  employed  in
    42  Orleans  county as a sheriff, undersheriff, deputy sheriff or correction
    43  officer, as defined in section  eighty-nine-l  of  this  chapter  or  is
    44  employed  in Jefferson county as a sheriff, undersheriff, deputy sheriff
    45  or correction officer, as defined in section eighty-nine-j of this chap-
    46  ter or is employed in Onondaga county as a deputy sheriff-jail  division
    47  competitively  appointed  or  as  a  correction  officer,  as defined in
    48  section eighty-nine-k of this chapter or is employed in a  county  which
    49  makes  an  election under subdivision j of section eighty-nine-p of this
    50  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    51  as defined in such section eighty-nine-p or is employed in Broome County
    52  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    53  defined  in  section eighty-nine-m of this chapter or is a Monroe county
    54  deputy sheriff-court security, or deputy sheriff-jailor  as  defined  in
    55  section  eighty-nine-n, as added by chapter five hundred ninety-seven of
    56  the laws of nineteen hundred ninety-one, of this chapter or is  employed

        S. 9948                             4
 
     1  in   Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff  or
     2  correction officer, as defined in section eighty-nine-o of this  chapter
     3  or  is  a  traffic officer with the town of Elmira as defined in section
     4  eighty-nine-q of this chapter or is employed by Suffolk county as a park
     5  police  officer,  as defined in section eighty-nine-r of this chapter or
     6  is a peace officer employed by a county probation department as  defined
     7  in  section  eighty-nine-t, as added by chapter six hundred three of the
     8  laws of nineteen hundred ninety-eight, of this chapter or is employed in
     9  Rockland county as a deputy sheriff-civil as defined in section  eighty-
    10  nine-v of this chapter as added by chapter four hundred forty-one of the
    11  laws of two thousand one, or is employed in Rockland county as a superi-
    12  or  correction officer as defined in section eighty-nine-v of this chap-
    13  ter as added by chapter five hundred fifty-six of the laws of two  thou-
    14  sand one or is a paramedic employed by the police department in the town
    15  of  Tonawanda  and retires under the provisions of section eighty-nine-v
    16  of this chapter, as added by chapter four  hundred  seventy-two  of  the
    17  laws  of two thousand one, or is a county fire marshal, supervising fire
    18  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
    19  marshal,  chief  fire marshal, division supervising fire marshal or fire
    20  marshal trainee employed by the county of Nassau as defined  in  section
    21  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    22  ty  sheriff-civil  as  defined in section eighty-nine-x of this chapter,
    23  employed as an emergency medical technician, critical  care  technician,
    24  advanced  emergency  medical technician, paramedic or supervisor of such
    25  titles in a participating Suffolk county fire  district  as  defined  in
    26  section  eighty-nine-ss of this chapter, as an emergency medical techni-
    27  cian, critical care technician, advanced emergency  medical  technician,
    28  paramedic  or supervisor of such titles in a participating fire district
    29  as defined in section eighty-nine-tt of this chapter, or is a firefight-
    30  er apprentice, airport firefighter I, airport  firefighter  II,  airport
    31  firefighter III, or training and safety officer employed by the division
    32  of  military  and  naval  affairs as defined in section eighty-nine-y of
    33  this chapter and is in a plan which permits  immediate  retirement  upon
    34  completion  of  a  specified  period  of  service without regard to age.
    35  Except as provided in subdivision c of section four hundred forty-five-a
    36  of this article, subdivision c of section four hundred  forty-five-b  of
    37  this article, subdivision c of section four hundred forty-five-c of this
    38  article,  subdivision  c  of  section  four hundred forty-five-d of this
    39  article, subdivision c of section  four  hundred  forty-five-e  of  this
    40  article,  subdivision  c  of  section  four hundred forty-five-f of this
    41  article and subdivision c of section four hundred forty-five-h  of  this
    42  article,  a  member  in such a plan and such an occupation, other than a
    43  police officer or investigator member of the New  York  city  employees'
    44  retirement  system  or  a  firefighter, shall not be permitted to retire
    45  prior to the  completion  of  twenty-five  years  of  credited  service;
    46  provided,  however,  if such a member in such an occupation is in a plan
    47  which permits retirement upon completion  of  twenty  years  of  service
    48  regardless  of  age,  they may retire upon completion of twenty years of
    49  credited service and prior to the completion  of  twenty-five  years  of
    50  service,  but  in  such event the benefit provided from funds other than
    51  those based on such a member's own contributions shall  not  exceed  two
    52  per centum of final average salary per each year of credited service.
    53    § 3. Subdivision v of section 603 of the retirement and social securi-
    54  ty  law,  as  amended  by chapter 494 of the laws of 2024, is amended to
    55  read as follows:

        S. 9948                             5
 
     1    v. The service retirement benefit specified  in  section  six  hundred
     2  four  of this article shall be payable to members with twenty-five years
     3  of creditable service, without regard to age,  who  are  employed  by  a
     4  participating  fire  district  that  makes  the election provided for in
     5  subdivision  j  of  section  eighty-nine-ss  or subdivision j of section
     6  eighty-nine-tt of this chapter as an emergency medical technician, crit-
     7  ical care technician, advanced emergency medical  technician,  paramedic
     8  or  supervisor  of  such titles in a participating [Suffolk county] fire
     9  district as defined in section eighty-nine-ss or section  eighty-nine-tt
    10  of  this  chapter  if:  (i)  such  members  have met the minimum service
    11  requirements upon retirement; and (ii) in the case of a  member  subject
    12  to the provisions of article fourteen of this chapter, such member files
    13  an  election therefor which provides that such member will be subject to
    14  the provisions of this article and to none of  the  provisions  of  such
    15  article fourteen. Such election, which shall be irrevocable, shall be in
    16  writing,  duly  executed  and shall be filed with the comptroller within
    17  one year of the election such member's employer makes pursuant to subdi-
    18  vision j of section eighty-nine-ss, subdivision  j  of  section  eighty-
    19  nine-tt  or  within  one  year  after  entering  the employment with the
    20  participating [Suffolk county] fire district upon which  eligibility  is
    21  based,  whichever comes later. For the purposes of this subdivision, the
    22  term "creditable service" shall have the meaning as so defined in [both]
    23  sections eighty-nine-ss, eighty-nine-tt and  six  hundred  one  of  this
    24  chapter.
    25    § 4. Subdivision v of section 604 of the retirement and social securi-
    26  ty law, as added by chapter 714 of the laws of 2023, is  amended to read
    27  as follows:
    28    v.  The  early service retirement benefit for a member who is employed
    29  by a participating fire district that makes the election provided for in
    30  subdivision j of section eighty-nine-ss  or  subdivision  j  of  section
    31  eighty-nine-tt of this chapter as an emergency medical technician, crit-
    32  ical  care  technician, advanced emergency medical technician, paramedic
    33  or supervisor of such titles in a participating  [Suffolk  county]  fire
    34  district  as defined in section eighty-nine-ss or eighty-nine-tt of this
    35  chapter shall be a pension equal to one-fiftieth of final average salary
    36  times years of credited service at the completion of  twenty-five  years
    37  of service as such participating [Suffolk county] fire district emergen-
    38  cy  medical  technician,  critical  care  technician, advanced emergency
    39  medical technician, paramedic or supervisor  of  such  titles,  but  not
    40  exceeding  one-half  of [his or her] such member's final average salary;
    41  for service beyond twenty-five years  the  benefits  shall  increase  by
    42  one-sixtieth of final average salary for each year of additional service
    43  credit  provided,  however, that the total allowance payable pursuant to
    44  this section shall not exceed three-fourths of such member's final aver-
    45  age salary.
    46    §  5.  All  past  service  costs  associated  with  implementing   the
    47  provisions  of  this  act  shall  be  borne  by  the  participating fire
    48  district.
    49    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow participating fire districts to elect to provide
        emergency medical technicians and similar titles 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  addi-
        tional  year of creditable service, not to exceed three-fourths (75%) of
        FAS. Additionally, members covered under Article 14 would  be  permitted

        S. 9948                             6
 
        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 5% 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 an immediate past service cost borne by
        each electing employer as a one-time payment. This  cost  will  vary  by
        employer but is expected to average approximately 50% of the salary paid
        to the affected members.
          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 participating fire district electing to
        provide these benefits.
          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 April 2, 2026, and intended for use  only  during
        the  2026  Legislative  Session, is Fiscal Note Number 2026-66. 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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