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S05804 Summary:

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S05804 Floor Votes:

S05804 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5804
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      June 17, 2011
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the retirement and social security law, in  relation  to
          service  retirement  benefits  for  persons  engaged  in  criminal law
          enforcement and employed in the office of district attorney  of  Tomp-
          kins county
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 603 of the retirement and social  security  law  is
     2  amended by adding a new subdivision u to read as follows:
     3    u. If the county of Tompkins elects to provide a retirement benefit by
     4  adopting a resolution to such effect and filing a certified copy thereof
     5  with  the  comptroller,  the  service  retirement  benefit  specified in
     6  section six hundred four of this article shall  be  payable  to  members
     7  with  twenty years of creditable service, without regard to age, who are
     8  engaged directly in criminal law  enforcement  activities  and  who  are
     9  employed  in the office of the district attorney of Tompkins county as a

    10  chief criminal investigator/detective, deputy  chief  criminal  investi-
    11  gator, criminal investigator, senior criminal investigator, confidential
    12  criminal  investigator, assistant criminal investigator, criminal inves-
    13  tigator-electronics,  criminal  investigator-child  abuse,  confidential
    14  investigator  or  criminal  investigator/arson if: (i) such members have
    15  met the minimum service requirements upon retirement, and  (ii)  in  the
    16  case  of  a member subject to the provisions of article fourteen of this
    17  chapter, such member files an election therefor which provides  that  he
    18  or  she will be subject to the provisions of this article and to none of
    19  the provisions of article fourteen of this chapter. Such election, which

    20  shall be irrevocable, shall be in writing, duly executed  and  shall  be
    21  filed with the comptroller, within three years after entering employment
    22  in  the office of the district attorney of Tompkins county in one of the
    23  titles aforementioned in this subdivision.  For  the  purposes  of  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13044-04-1
        S. 5804                             2
 
     1  subdivision,  the term:   "creditable service" shall have the meaning as
     2  so defined in both sections eighty-nine-d and six hundred  one  of  this

     3  chapter  and  such  term  shall  be  subject  to  the conditions in such
     4  sections  eighty-nine-d  and  six hundred one, also include service as a
     5  sheriff, undersheriff, captain deputy sheriff, lieutenant  deputy  sher-
     6  iff,  senior criminal investigator, chief investigator/detective, crimi-
     7  nal investigator, criminal investigator-electronics, criminal investiga-
     8  tor-child abuse, sergeant deputy sheriff, deputy sheriff, deputy sheriff
     9  trainee, police chief, police lieutenant, police sergeant, police  offi-
    10  cer, or police captain.
    11    § 2.  Section 604 of the retirement and social security law is amended
    12  by adding a new subdivision u to read as follows:
    13    u.  If the county of Tompkins elects to provide the retirement benefit

    14  pursuant to this subdivision by adopting a resolution to such effect and
    15  filing a certified copy thereof with the comptroller, the early  service
    16  retirement  benefit  for  a  member who is employed in the office of the
    17  district   attorney   of   Tompkins   county   as   a   chief   criminal
    18  investigator/detective,  deputy  chief  criminal  investigator, criminal
    19  investigator, senior criminal investigator, confidential criminal inves-
    20  tigator, assistant criminal  investigator,  criminal  investigator-elec-
    21  tronics, criminal investigator-child abuse, confidential investigator or
    22  criminal  investigator/arson  or  other  investigative  title shall be a
    23  pension equal to one-fortieth of final average  salary  times  years  of

    24  credited  service  for  the  first twenty years of service plus an addi-
    25  tional one-sixtieth of final average  salary  times  years  of  credited
    26  service  for  each year beyond the first twenty years of service in such
    27  title, but not exceeding three-fourths of his or her final average sala-
    28  ry.
    29    § 3. The county of Tompkins shall, by resolution, determine whether to
    30  extend the provisions of this act to those members in the office of  the
    31  district  attorney  as  a  chief criminal investigator/detective, deputy
    32  chief criminal  investigator,  criminal  investigator,  senior  criminal
    33  investigator,  confidential  criminal  investigator,  assistant criminal
    34  investigator, criminal investigator-electronics, criminal  investigator-
    35  child abuse, confidential investigator or criminal investigator/arson or

    36  other  investigative  title provided, however, that such resolution must
    37  be adopted by April 1, 2012.
    38    § 4. The costs attributable to the operation  of  this  act  shall  be
    39  borne by the county of Tompkins and shall be paid over a ten year period
    40  in amounts determined by the retirement system actuary.
    41    § 5. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  will  allow  Tompkins County to elect to provide a special
        twenty (20) year retirement plan to members who are engaged directly  in
        criminal  law  enforcement activities and who are employed in the office
        of the  district  attorney  of  Tompkins  County  as  a  chief  criminal
        investigator/detective,  deputy  chief  criminal  investigator, criminal
        investigator, senior criminal investigator, confidential criminal inves-

        tigator, assistant criminal  investigator,  criminal  investigator-elec-
        tronics,  criminal  investigator-child abuse, confidential investigator,
        or criminal investigator/arson. Such plan  will  provide  a  benefit  of
        one-half  of  final  average  salary  upon retirement plus an additional
        benefit of one sixtieth of final average salary for each year of service
        in excess of twenty (20) years, not to exceed fifteen (15) such years.
          Presently, there are no investigators  employed  by  Tompkins  County.
        However, this legislation will establish a series of job titles in their
        S. 5804                             3
 
        district attorney's office to enable such future investigators to become
        covered under this special retirement plan.
          If  this  bill  is enacted, for the fiscal year ending March 31, 2012,

        the additional annual cost will be 6.2%  of  the  salaries  of  affected
        Tiers 3 and 4 investigators, and 7.4% of the salaries of affected Tier 5
        investigators.
          In  addition  to  the  annual contributions discussed above, in future
        years when Tompkins County appoints any investigator with previous cred-
        itable service into one of these investigator titles, there will  be  an
        immediate  past  service cost which will depend on the salary, plan, age
        and length of past service of the investigators  as  of  the  date  they
        become  covered  under  such plan. These costs will be borne by Tompkins
        County and amortized over a period of ten (10) years.
          This estimate, dated June 16, 2011, and intended for use  only  during
        the  2011  Legislative Session, is Fiscal Note No. 2011-204, prepared by
        the Actuary for the New  York  State  and  Local  Employees'  Retirement
        System.