Relates to removing the social security offset for New York city uniformed correction officers who are members of the New York city uniformed correction/sanitation revised plan.
STATE OF NEW YORK
________________________________________________________________________
6131--B
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. GOUNARDES -- 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 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
removing the social security offset for New York city uniformed
correction officers who are members of the New York city uniformed
correction/sanitation revised plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 505 of the retirement and social security law, as
2 amended by chapter 18 of the laws of 2012, is amended to read as
3 follows:
4 § 505. Service retirement benefits; police/fire members, New York city
5 uniformed correction/sanitation revised plan members and investigator
6 revised plan members. a. The normal service retirement benefit for
7 police/fire members, New York city uniformed correction/sanitation
8 revised plan members and investigator revised plan members at normal
9 retirement age shall be a pension equal to fifty percent of final aver-
10 age salary, less fifty percent of the primary social security retirement
11 benefit commencing at age sixty-two, as provided in section five hundred
12 eleven of this article, except that for members of the uniformed force
13 of the New York city department of correction who are New York city
14 uniformed correction/sanitation revised plan members, the normal service
15 retirement benefit shall not be reduced by the primary social security
16 retirement benefit commencing at age sixty-two as provided in section
17 five hundred eleven of this article.
18 b. The early service retirement benefit for police/fire members, New
19 York city uniformed correction/sanitation revised plan members and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04266-03-9
S. 6131--B 2
1 investigator revised plan members shall be a pension equal to two and
2 one-tenths percent of final average salary times years of credited
3 service at the completion of twenty years of service or upon attainment
4 of age sixty-two, increased by one-third of one percent of final average
5 salary for each month of service in excess of twenty years, but not in
6 excess of fifty percent of final average salary, less fifty percent of
7 the primary social security retirement benefit commencing at age sixty-
8 two as provided in section five hundred eleven of this article,
9 provided, however, that New York city police/fire revised plan members,
10 New York city uniformed correction/sanitation revised plan members and
11 investigator revised plan members shall not be eligible to retire for
12 service prior to the attainment of twenty years of credited service, and
13 provided further that for members of the uniformed force of the New York
14 city department of correction who are New York city uniformed
15 correction/sanitation revised plan members, the early service retirement
16 benefit shall not be reduced by the primary social security retirement
17 benefit commencing at age sixty-two as provided in section five hundred
18 eleven of this article.
19 c. A police/fire member, a New York city uniformed
20 correction/sanitation revised plan member or an investigator revised
21 plan member who retires with twenty-two years of credited service or
22 less may become eligible for annual escalation of the service retirement
23 benefit if he elects to have the payment of his benefit commence on the
24 date he would have completed twenty-two years and one month or more of
25 service. In such event, the service retirement benefit shall equal two
26 percent of final average salary for each year of credited service, less
27 fifty percent of the primary social security retirement benefit commenc-
28 ing at age sixty-two as provided in section five hundred eleven of this
29 article, except that for members of the uniformed force of the New York
30 city department of correction who are New York city uniformed
31 correction/sanitation revised plan members, the service retirement bene-
32 fit shall not be reduced by the primary social security retirement bene-
33 fit commencing at age sixty-two as provided in section five hundred
34 eleven of this article.
35 § 2. Subdivision f of section 511 of the retirement and social securi-
36 ty law, as amended by chapter 18 of the laws of 2012, is amended, subdi-
37 vision g is relettered subdivision h, and a new subdivision g is added
38 to read as follows:
39 f. This section shall not apply to general members in the uniformed
40 correction force of the New York city department of correction or to
41 uniformed personnel in institutions under the jurisdiction of the
42 department of corrections and community supervision and security hospi-
43 tal treatment assistants, as those terms are defined in subdivision i of
44 section eighty-nine of this chapter, provided, however, that the
45 provisions of this section shall apply to [a] New York city sanitation
46 members of the New York city uniformed correction/sanitation revised
47 plan [member].
48 g. This section shall not apply to members of the uniformed force of
49 the New York city department of correction who are New York city
50 uniformed correction/sanitation revised plan members who receive a
51 service retirement benefit pursuant to section five hundred five of this
52 article or a deferred vested benefit pursuant to section five hundred
53 sixteen of this article.
54 § 3. Subdivision c of section 516 of the retirement and social securi-
55 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
56 as follows:
S. 6131--B 3
1 c. The deferred vested benefit of police/fire members, New York city
2 police/fire revised plan members, New York city uniformed
3 correction/sanitation revised plan members or investigator revised plan
4 members shall be a pension commencing at early retirement age equal to
5 two and one-tenths percent of final average salary times years of cred-
6 ited service, less fifty percent of the primary social security retire-
7 ment benefit commencing at age sixty-two, as provided in section five
8 hundred eleven of this article, except that for members of the uniformed
9 force of the New York city department of correction who are New York
10 city uniformed correction/sanitation revised plan members, the service
11 retirement benefit shall not be reduced by the primary social security
12 benefit commencing at age sixty-two as provided in section five hundred
13 eleven of this article. A police/fire member, a New York city
14 police/fire revised plan member, a New York city uniformed
15 correction/sanitation revised plan member or investigator revised plan
16 member may elect to receive his vested benefit commencing at early
17 retirement age or age fifty-five. If the vested benefit commences before
18 early retirement age, the benefit shall be reduced by one-fifteenth for
19 each year, if any, that the member's early retirement age is in excess
20 of age sixty, and by one-thirtieth for each additional year by which the
21 vested benefit commences prior to early retirement age. If such vested
22 benefit is deferred until after such member's normal retirement age, the
23 benefit shall be computed and subject to annual escalation in the same
24 manner as provided for an early retirement benefit pursuant to subdivi-
25 sion c of section five hundred five of this article.
26 § 4. This act shall take effect immediately.