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S03948 Summary:

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S03948 Committee Votes:

S03948 Floor Votes:

S03948 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3948--B
            Cal. No. 337
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2015
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee, ordered  to  first  report,
          amended  on  first  report,  ordered  to  a  second report and ordered
          reprinted, retaining its place in the order of second report --  again
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the retirement and social security law, in  relation  to
          special  retirement plans for sheriffs, undersheriffs and deputy sher-
          iffs
 
          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 550 of the retirement and social
     2  security law, as added by chapter 165 of the laws of 1995, is amended to
     3  read as follows:
     4    a. 1. "Member" shall mean a person  who  is  employed  as  a  sheriff,
     5  undersheriff  or  deputy sheriff who is engaged directly in criminal law
     6  enforcement activities that aggregate fifty per centum  of  his  or  her
     7  service  and  is  a  police officer under the criminal procedure law, as
     8  certified by the county sheriff, by any county which  elects  by  resol-
     9  ution  duly adopted, to provide the benefits as authorized by this arti-
    10  cle[,].
    11    2. Notwithstanding the provisions of paragraph one  of  this  subdivi-
    12  sion, member shall also include a deputy sheriff who is a police officer
    13  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
    14  procedure law as certified by the  municipal  police  council,  provided
    15  that the employer has filed an election to that effect pursuant to para-
    16  graph  two  of  subdivision  j of section five hundred fifty-two of this
    17  article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07744-08-5
        S. 3948--B                          2
 
     1    § 2. Subdivision j of section 552 of the retirement and social securi-
     2  ty law, as added by chapter 165 of the laws of 1995, is amended to  read
     3  as follows:
     4    j.  1. As used in this section "creditable service" shall include, any
     5  and all services performed as a sheriff, undersheriff or deputy sheriff,
     6  provided, however, that criminal law enforcement service shall  only  be
     7  creditable  when  it  aggregates  fifty per centum or more of his or her
     8  service as a deputy sheriff.
     9    2. Notwithstanding the provisions of paragraph one  of  this  subdivi-
    10  sion,  a participating employer may elect on a form filed with the comp-
    11  troller for that purpose to provide that creditable service  shall  also
    12  include  any  and  all  service  performed  by a deputy sheriff who is a
    13  police officer pursuant to subdivision thirty-four of  section  1.20  of
    14  the criminal procedure law as certified by the municipal police council.
    15    3. Credit for service as a member or officer of the state police or as
    16  a paid fireman, policeman or officer of any organized fire department or
    17  police  force  or  department  of  any county, city, village, town, fire
    18  district or police district, or as a criminal investigator in the office
    19  of a district attorney, provided that service as such investigator shall
    20  have been rendered prior to January first, nineteen  hundred  sixty  and
    21  that  credit  therefor shall not exceed five years, shall also be deemed
    22  to be creditable service and shall be included  in  computing  years  of
    23  total  service  for  retirement  pursuant to this section, provided such
    24  service was performed by the member while contributing to the retirement
    25  system pursuant to the provisions of this article or  article  eight  of
    26  this chapter.
    27    § 3. Subdivision h of section 551 of the retirement and social securi-
    28  ty  law, as added by chapter 165 of the laws of 1995, is amended to read
    29  as follows:
    30    h. 1. As used in this section "creditable service" shall include,  any
    31  and all services performed as a sheriff, undersheriff or deputy sheriff,
    32  provided,  however,  that criminal law enforcement service shall only be
    33  creditable when it aggregates fifty per centum or more  of  his  or  her
    34  service  as  a deputy sheriff. Credit for service as a member or officer
    35  of the state police or as a paid fireman, policeman or  officer  of  any
    36  organized  fire  department or police force or department of any county,
    37  city, village, town, fire district or police district, or as a  criminal
    38  investigator in the office of a district attorney, provided that service
    39  as  such  investigator  shall have been rendered prior to January first,
    40  nineteen hundred sixty and that credit therefor shall  not  exceed  five
    41  years,  shall  also  be  deemed  to  be  creditable service and shall be
    42  included in computing years of total service for retirement pursuant  to
    43  this  section,  provided  such service was performed by the member while
    44  contributing to the retirement system pursuant to the provisions of this
    45  article or article eight of this chapter.
    46    2. Notwithstanding the provisions of paragraph one  of  this  subdivi-
    47  sion,  a participating employer may elect on a form filed with the comp-
    48  troller for that purpose to provide that creditable service  shall  also
    49  include  any  and  all  service  performed  by a deputy sheriff who is a
    50  police officer pursuant to subdivision thirty-four of  section  1.20  of
    51  the criminal procedure law as certified by the municipal police council.
    52    §  4. Notwithstanding any other provision of law to the contrary, none
    53  of the provisions of this act shall  be  subject  to  the  appropriation
    54  requirement of section twenty-five of the retirement and social security
    55  law.
    56    § 5. This act shall take effect immediately.
        S. 3948--B                          3
 
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  a County to elect to provide that creditable
        service on the 20 year retirement plan or the 25  year  retirement  plan
        for  sheriffs shall also include all service performed by a deputy sher-
        iff who is a police  officer  pursuant  to  subdivision  thirty-four  of
        section 1.20 of the criminal procedure law as certified by the municipal
        police council.
          If  this  bill is enacted, this bill could provide service credit on a
        20 year retirement plan or a 25 year retirement plan, where it otherwise
        would not be creditable. However, in  all  likelihood  this  bill  would
        affect very few members. The cost of this bill would be minimal.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2014  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2014
        Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2010,
        2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
        Assumptions,  and  the  Codes  Rules and Regulations of the State of New
        York: Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2014
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This estimate, dated June 4, 2015 and intended for use only during the
        2015  Legislative  Session, is Fiscal Note No. 2015-132, prepared by the
        Actuary for the New York State and Local Employees' Retirement System.