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S07242 Summary:

S07242 Actions:

S07242 Committee Votes:

S07242 Floor Votes:

S07242 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7242--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 19, 2023
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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
 
        AN  ACT  to amend the retirement and social security law, in relation to
          the retirement of members employed as an emergency medical technician,
          critical  care  technician,  advanced  emergency  medical  technician,
          paramedic  or  supervisor  of  such  titles in a participating Suffolk
          county 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-ss to read as follows:
     3    §  89-ss. 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 Suffolk county
     6  fire district. a. Any member employed as an  emergency  medical  techni-
     7  cian,  critical  care technician, advanced emergency medical technician,
     8  paramedic or supervisor of such titles upon an election by a participat-
     9  ing Suffolk county fire district shall be eligible to retire pursuant to
    10  the provisions of this section. Such eligibility shall be an alternative
    11  to the eligibility provisions available under any  other  plan  of  this
    12  article to which such member is subject.
    13    b.  Such  member  shall  be  entitled to retire upon the completion of
    14  twenty-five years of total creditable service by filing  an  application
    15  therefor in the manner provided for in section seventy of this article.
    16    c.  Upon  completion  of  twenty-five  years  of such service and upon
    17  retirement, each such member shall receive  a  pension  which,  together
    18  with  an  annuity  which shall be the actuarial equivalent of his or her
    19  accumulated contributions at the time of his or her  retirement  and  an
    20  additional  pension  which  is the actuarial equivalent of the reserved-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11393-05-3
        S. 7242--A                          2
 
     1  for-increased-take-home-pay to which he or  she  may  then  be  entitled
     2  shall  be  sufficient  to provide him or her with a retirement allowance
     3  equal to one-half of his or her final average salary.
     4    d.  As used in this section "creditable service" shall include any and
     5  all services performed as an emergency medical technician, critical care
     6  technician, advanced emergency medical technician, paramedic or supervi-
     7  sor of such titles employed  by  a  participating  Suffolk  county  fire
     8  district.
     9    e.  Credit  for service as a paid firefighter or officer of any organ-
    10  ized fire department shall also be deemed to be creditable  service  and
    11  shall be  included  in  computing years of total service for  retirement
    12  pursuant to this section.
    13    f.  A  member contributing on the basis of this section at the time of
    14  retirement, may retire after the  completion  of  twenty-five  years  of
    15  total  creditable service. Application therefor may be filed in a manner
    16  similar to that provided  in  section  seventy  of  this  article.  Upon
    17  completion  of  twenty-five  years  of such service and upon retirement,
    18  each such member shall receive a pension which, together with an annuity
    19  which shall be the  actuarial  equivalent  of  his  or  her  accumulated
    20  contributions  at  the  time  of his or her retirement and an additional
    21  pension which  is  the  actuarial  equivalent  of  the  reserved-for-in-
    22  creased-take-home-pay  to  which he or she may then be entitled shall be
    23  sufficient to provide him or her with a retirement  allowance  equal  to
    24  one-half  of his or her final average salary; for service beyond twenty-
    25  five years the benefit is increased by  one-sixtieth  of  final  average
    26  salary  for  each  year  of additional service credit provided, however,
    27  that the total allowance payable pursuant  to  this  section  shall  not
    28  exceed three-fourths of such member's final average salary.
    29    g.  In  computing  the  twenty-five years of total service of a member
    30  pursuant to this section full credit shall be given and  full  allowance
    31  shall  be made for service of such member in time of war after World War
    32  I as defined in section two of this chapter, provided such member at the
    33  time of his or her entrance into the armed  forces  was  employed  by  a
    34  participating Suffolk county fire district.
    35    h. Nothing in this section shall be construed to prevent a member, who
    36  does not retire pursuant to the provisions of this section, from utiliz-
    37  ing  service  which  is creditable service pursuant to the provisions of
    38  this section for service credit pursuant to the provisions of any  other
    39  plan of this article to which such member is subject.
    40    i. The provisions of this section shall be controlling notwithstanding
    41  any other provision of this article to the contrary.
    42    j. Any member who, on or before the effective date of this section, is
    43  employed  as  an emergency medical technician, critical care technician,
    44  advanced emergency medical technician, paramedic or supervisor  of  such
    45  titles in a participating Suffolk county fire district may, by filing an
    46  election  within  one   year   after the effective date of this section,
    47  elect to be subject to the provisions of  this  section.  Such  election
    48  shall   be  in  writing, shall be duly executed and filed with the comp-
    49  troller and shall be irrevocable.
    50    § 2. Subdivision a of section 445 of the retirement and social securi-
    51  ty law, as separately amended by section 4 of part II and section  2  of
    52  part  KK  of  chapter  55  of  the  laws  of 2023, is amended to read as
    53  follows:
    54    a. No member of a retirement system who is subject to  the  provisions
    55  of this article shall retire without regard to age, exclusive of retire-
    56  ment  for  disability, unless he or she is a police officer, an investi-
        S. 7242--A                          3
 
     1  gator member of the New York city employees'  retirement  system,  fire-
     2  fighter,  correction  officer, a qualifying member as defined in section
     3  eighty-nine-t, as added by chapter six hundred fifty-seven of  the  laws
     4  of  nineteen hundred ninety-eight, of this chapter, sanitation worker, a
     5  special officer (including persons employed by the city of New  York  in
     6  the  title  urban  park  ranger  or associate urban park ranger), school
     7  safety agent, campus peace officer or a taxi  and  limousine  commission
     8  inspector  member  of  the New York city employees' retirement system or
     9  the New York city board of education  retirement  system,  a  dispatcher
    10  member  of  the  New  York  city  employees' retirement system, a police
    11  communications member of the New York city employees' retirement system,
    12  an EMT member of the New York city employees' retirement system, a depu-
    13  ty sheriff member of the New York city employees' retirement  system,  a
    14  correction  officer  of  the Westchester county correction department as
    15  defined in section eighty-nine-e of this chapter or employed in  Suffolk
    16  county as a peace officer, as defined in section eighty-nine-s, as added
    17  by  chapter  five  hundred  eighty-eight of the laws of nineteen hundred
    18  ninety-seven,  of  this  chapter,  employed  in  Suffolk  county  as   a
    19  correction officer, as defined in section eighty-nine-f of this chapter,
    20  or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
    21  correction division personnel, sheriff, undersheriff or deputy  sheriff,
    22  as  defined  in  section  eighty-nine-g  of this chapter, or employed in
    23  Nassau county as an ambulance medical technician, an  ambulance  medical
    24  technician/supervisor or a member who performs ambulance medical techni-
    25  cian  related  services, or a police medic, police medic supervisor or a
    26  member who performs police medic related services, as defined in section
    27  eighty-nine-s, as amended by chapter five hundred seventy-eight  of  the
    28  laws  of  nineteen hundred ninety-eight, of this chapter, or employed in
    29  Nassau county as a peace officer, as defined in  section  eighty-nine-s,
    30  as  added  by  chapter  five hundred ninety-five of the laws of nineteen
    31  hundred ninety-seven, of this chapter, or employed in Albany county as a
    32  sheriff, undersheriff, deputy sheriff, correction officer or identifica-
    33  tion officer, as defined in section eighty-nine-h of this chapter or  is
    34  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
    35  iff  or  correction officer, as defined in section eighty-nine-i of this
    36  chapter or is employed in Orleans county  as  a  sheriff,  undersheriff,
    37  deputy   sheriff   or   correction   officer,   as  defined  in  section
    38  eighty-nine-l of this chapter or is employed in Jefferson  county  as  a
    39  sheriff,  undersheriff, deputy sheriff or correction officer, as defined
    40  in section eighty-nine-j of this chapter  or  is  employed  in  Onondaga
    41  county as a deputy sheriff-jail division competitively appointed or as a
    42  correction  officer, as defined in section eighty-nine-k of this chapter
    43  or is employed in a county which makes an election under  subdivision  j
    44  of  section  eighty-nine-p  of  this chapter as a sheriff, undersheriff,
    45  deputy sheriff or correction officer as defined in such section  eighty-
    46  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    47  ty sheriff or correction officer, as defined in section eighty-nine-m of
    48  this  chapter  or  is  a Monroe county deputy sheriff-court security, or
    49  deputy sheriff-jailor as defined in section eighty-nine-n, as  added  by
    50  chapter  five hundred ninety-seven of the laws of nineteen hundred nine-
    51  ty-one, of this chapter or is employed in Greene county  as  a  sheriff,
    52  undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
    53  section eighty-nine-o of this chapter or is a traffic officer  with  the
    54  town of Elmira as defined in section eighty-nine-q of this chapter or is
    55  employed  by  Suffolk  county  as  a  park police officer, as defined in
    56  section eighty-nine-r of this chapter or is a peace officer employed  by
        S. 7242--A                          4
 
     1  a  county  probation  department as defined in section eighty-nine-t, as
     2  added by chapter six hundred three of the laws of nineteen hundred nine-
     3  ty-eight, of this chapter or is employed in Rockland county as a  deputy
     4  sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
     5  added by chapter four hundred forty-one of the laws of two thousand one,
     6  or is employed in Rockland county as a superior  correction  officer  as
     7  defined  in  section  eighty-nine-v  of this chapter as added by chapter
     8  five hundred fifty-six of the laws of two thousand one or is a paramedic
     9  employed by the police department in the town of Tonawanda  and  retires
    10  under  the provisions of section eighty-nine-v of this chapter, as added
    11  by chapter four hundred seventy-two of the laws of two thousand one,  or
    12  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
    13  assistant  fire  marshal,  assistant  chief  fire  marshal,  chief  fire
    14  marshal,  division  supervising  fire  marshal  or  fire marshal trainee
    15  employed by the county of Nassau as defined in section eighty-nine-w  of
    16  this  chapter  or is employed in Monroe county as a deputy sheriff-civil
    17  as defined in section eighty-nine-x of  this  chapter,  employed  as  an
    18  emergency  medical  technician, critical care technician, advanced emer-
    19  gency medical technician, paramedic or supervisor of such  titles  in  a
    20  participating  Suffolk county fire district as defined in section eight-
    21  y-nine-ss of this chapter, and is in  a  plan  which  permits  immediate
    22  retirement  upon  completion  of  a  specified period of service without
    23  regard to age. Except as provided  in  subdivision  c  of  section  four
    24  hundred  forty-five-a  of  this  article,  subdivision c of section four
    25  hundred forty-five-b of this article,  subdivision  c  of  section  four
    26  hundred  forty-five-c  of  this  article,  subdivision c of section four
    27  hundred forty-five-d of this article,  subdivision  c  of  section  four
    28  hundred  forty-five-e  of  this  article,  subdivision c of section four
    29  hundred forty-five-f of this article and subdivision c of  section  four
    30  hundred  forty-five-h  of this article, a member in such a plan and such
    31  an occupation, other than a police officer or investigator member of the
    32  New York city employees' retirement system or a firefighter,  shall  not
    33  be  permitted  to retire prior to the completion of twenty-five years of
    34  credited service; provided, however, if such a member in such an occupa-
    35  tion is in a plan which permits retirement  upon  completion  of  twenty
    36  years of service regardless of age, he or she may retire upon completion
    37  of twenty years of credited service and prior to the completion of twen-
    38  ty-five  years  of  service, but in such event the benefit provided from
    39  funds other than those based on such a member's own contributions  shall
    40  not exceed two per centum of final average salary per each year of cred-
    41  ited service.
    42    § 3. Section 603 of the retirement and social security law is  amended
    43  by adding a new subdivision v to read as follows:
    44    v.  The  service  retirement  benefit specified in section six hundred
    45  four of this article shall be payable to members with twenty-five  years
    46  of creditable service, without regard to age,  who  are  employed  by  a
    47  participating  fire  district  that  makes  the election provided for in
    48  subdivision j of section eighty-nine-ss of this chapter as an  emergency
    49  medical technician, critical care technician, advanced emergency medical
    50  technician,  paramedic  or  supervisor of such titles in a participating
    51  Suffolk county fire district as defined in  section  eighty-nine-ss   of
    52  this chapter if:  (i) such members have met the minimum service require-
    53  ments  upon  retirement; and (ii) in the case of a member subject to the
    54  provisions of article fourteen of this chapter,  such  member  files  an
    55  election   therefor which provides that he or she will be subject to the
    56  provisions of this article and to none of the provisions of such article
        S. 7242--A                          5
 
     1  fourteen. Such election, which shall be irrevocable, shall be  in  writ-
     2  ing,  duly executed  and shall be filed with the comptroller within  one
     3  year  of the effective date of this subdivision or within one year after
     4  entering  the  employment  with  the  participating  Suffolk county fire
     5  district upon which eligibility is based, whichever comes later. For the
     6  purposes of this subdivision, the term "creditable service"  shall  have
     7  the    meaning    as  so defined in both sections eighty-nine-ss and six
     8  hundred one of this chapter.
     9    § 4. Section 604 of the retirement and social security law is  amended
    10  by adding a new subdivision v to read as follows:
    11    v. The early service retirement benefit for a member who  is  employed
    12  by a participating fire district that makes the election provided for in
    13  subdivision  j of section eighty-nine-ss of this chapter as an emergency
    14  medical technician, critical care technician, advanced emergency medical
    15  technician, paramedic or supervisor of such titles  in  a  participating
    16  Suffolk  county  fire  district  as defined in section eighty-nine-ss of
    17  this chapter shall be a pension equal to one-fiftieth of  final  average
    18  salary  times years of credited service at the completion of twenty-five
    19  years of service as such  participating  Suffolk  county  fire  district
    20  emergency  medical  technician, critical care technician, advanced emer-
    21  gency medical technician, paramedic or supervisor of  such  titles,  but
    22  not  exceeding  one-half of his or her final average salary; for service
    23  beyond twenty-five years the benefits shall increase by one-sixtieth  of
    24  final  average  salary  for  each  year  of  additional  service  credit
    25  provided, however, that the total allowance  payable  pursuant  to  this
    26  section  shall  not  exceed three-fourths of such member's final average
    27  salary.
    28    §  5.  All  past  service  costs  associated  with  implementing   the
    29  provisions of this act shall be borne by the participating Suffolk coun-
    30  ty fire district.
    31    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow fire districts in Suffolk County that partic-
        ipate in the New York State and Local Employees'  Retirement  System  to
        elect  to provide individuals employed in the title of emergency medical
        technician, advanced emergency medical technician, critical care techni-
        cian, or paramedic, and supervisors  of  these  titles,  the  option  to
        retire upon completion of twenty-five years of creditable service with a
        benefit  of  one-half  of  final  average salary (FAS) and an additional
        benefit of one-sixtieth of FAS for each year of  creditable  service  in
        excess of twenty-five years. Members in Tiers 3 -- 6 would be limited to
        15 years of additional one-sixtieths.
          Additionally,  for those members covered under the provisions of Arti-
        cle 14, this bill would permit an irrevocable election  to  forfeit  the
        benefits  of Article 14 in favor of the 25-year plan benefit established
        by this legislation. Such election must be made within one year  of  the
        effective  date of this bill or within one year of entering service with
        an electing fire district, whichever comes later.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate that there will be an increase in the annual contributions  of  an
        affected  fire  district of approximately 5% of salary paid to employees
        in covered titles for the fiscal year ending March 31, 2024.  In  future
        years,  this cost will vary as the billing rates of the affected members
        change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately 20% of  salary  paid  to
        S. 7242--A                          6
 
        employees  in  covered  titles, which will be borne by the electing fire
        district as a one-time payment. This estimate assumes that payment  will
        be made on February 1, 2024.
          Further,   we   anticipate   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 eligible  fire  district
        would be required to submit a roster of individuals in covered titles to
        the  New  York  State  and Local Retirement System. This roster would be
        used to develop an exact cost for the individual fire district  electing
        to provide these benefits.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2022
        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 fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated May 18, 2023, and intended for  use  only  during
        the  2023  Legislative Session, is Fiscal Note No. 2023-168, prepared by
        the Actuary for the New York State and Local Retirement System.