S07544 Summary:

BILL NOS07544A
 
SAME ASSAME AS A10753-A
 
SPONSORVALESKY
 
COSPNSRTHOMPSON
 
MLTSPNSR
 
Amd SS360-a & 448, R & SS L
 
Allows state police officers to receive an improved death benefit where such officers die without twenty years of service credit but with enough unused vacation and sick time to get them to twenty years of service credit.
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S07544 Actions:

BILL NOS07544A
 
04/20/2010REFERRED TO CIVIL SERVICE AND PENSIONS
06/08/2010REPORTED AND COMMITTED TO FINANCE
06/15/2010REPORTED AND COMMITTED TO RULES
06/22/2010ORDERED TO THIRD READING CAL.1102
06/22/2010PASSED SENATE
06/22/2010DELIVERED TO ASSEMBLY
06/23/2010referred to ways and means
06/24/2010RECALLED FROM ASSEMBLY
06/24/2010returned to senate
06/24/2010VOTE RECONSIDERED - RESTORED TO THIRD READING
06/24/2010AMENDED ON THIRD READING 7544A
06/28/2010REPASSED SENATE
06/28/2010RETURNED TO ASSEMBLY
06/28/2010referred to ways and means
07/01/2010substituted for a10753a
07/01/2010ordered to third reading rules cal.539
07/01/2010passed assembly
07/01/2010returned to senate
09/07/2010DELIVERED TO GOVERNOR
09/17/2010SIGNED CHAP.525
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S07544 Floor Votes:

DATE:07/01/2010Assembly Vote  YEA/NAY: 143/1
AbbateYCarrozzaERGabryszakYKolbYMurrayYSaladinoY
AlessiYCastelliYGalefYKoonYNolanYSaywardY
AlfanoYCastroYGanttYLancmanYOaksYScarboroughY
AmedoreYChristensenYGianarisYLatimerYO'DonnellYSchimelY
ArroyoYClarkYGibsonYLavineYO'MaraYSchimmingerY
AubryYColtonYGiglioYLentolYOrtizYSchroederY
BacallesYConteYGlickYLiftonYParmentYScozzafavaY
BallYCookERGordonYLope PDYPaulinYSkartadosY
BarclayYCorwinYGottfriedYLope VJYPeoplesYSpanoY
BarraYCrespoYGuntherYLupardoYPerryYStirpeY
BarronYCrouchERHawleyYMageeYPhefferYSweeneyY
BenedettoYCusickYHayesYMagnarelliYPowellYTediscoY
BenjaminNOCymbrowitzYHeastieYMaiselYPretlowYThieleY
BingYDelMonteYHevesiYMarkeyERQuinnYTitoneY
BoylandYDenDekkerYHikindYMayersohnYRabbittYTitusY
BoyleYDestitoYHooperYMcDonoughYRaiaYTobaccoY
BrennanYDinowitzYHoytYMcEnenyYRamosYTownsY
BrodskyYDupreyYHyer SpencerYMcKevittYReilichYTownsendY
Brook KrasnyYEnglebrightYJacobsYMengYReillyYWeinsteinY
BurlingYErrigoYJaffeeYMill JMYRive J YWeisenbergY
ButlerYEspaillatYJeffriesERMill MGYRive N YWeprinY
CahillYFarrellYJohnYMillmanYRive PMYWrightY
CalhounYFieldsYJordanYMolinaroYRobinsonYZebrowskiY
CamaraYFinchYKavanaghYMontesanoYRosenthalYMr SpkrY
CanestrariYFitzpatrickYKellnerYMorelleYRussellY

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S07544 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7544--A
            Cal. No. 1102
 
                    IN SENATE
 
                                     April 20, 2010
                                       ___________
 
        Introduced by Sens. VALESKY, THOMPSON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions  --  reported  favorably from said committee and committed to
          the Committee on Finance -- reported favorably from said committee and
          committed to the Committee on Rules -- reported  favorably  from  said

          committee,  ordered to a third reading, passed by Senate and delivered
          to the Assembly, recalled, vote reconsidered, restored to third  read-
          ing,  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
          allowing  state  police  officers to receive an improved death benefit
          where such officers die without twenty years of service credit
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  aaa  of  section 360-a of the retirement and
     2  social security law, as added by chapter 358 of the  laws  of  2002,  is
     3  amended to read as follows:
     4    aaa.  Provided  further,  notwithstanding  any other provision of this

     5  article to the contrary, where the member is an officer or member of the
     6  state police and would have been entitled to a service retirement  bene-
     7  fit at the time of his or her death and where his or her death occurs on
     8  or  after July first, two thousand, the beneficiary or beneficiaries may
     9  elect to receive, in a lump sum, an amount payable which shall be  equal
    10  to  the  pension reserve that would have been established had the member
    11  retired on the date of his or her death, or the value of the death bene-
    12  fit and the reserve-for-increased-take-home-pay, if  any,  whichever  is
    13  greater.  Provided further, that for the purpose of determining entitle-
    14  ment  to  the  benefit provided by this subdivision, and notwithstanding
    15  the provisions of subdivision j of section three  hundred  forty-one  of

    16  this  article, the total number of days of unused sick leave and accumu-
    17  lated vacation credit accrued by the member at the time of  his  or  her
    18  death  shall  be  considered  in  meeting  the  total creditable service
    19  required to qualify for a service retirement  benefit  provided  without
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16864-03-0

        S. 7544--A                          2
 
     1  regard to age where his or her death occurs on or after July second, two
     2  thousand nine.
     3    § 2. Paragraph 2 of subdivision b of section 448 of the retirement and

     4  social  security  law, as amended by chapter 666 of the laws of 2002, is
     5  amended to read as follows:
     6    2. Provided further, notwithstanding any other provision of this arti-
     7  cle to the contrary, where the member is a police officer or firefighter
     8  and would have been entitled to a service retirement benefit at the time
     9  of his or her death and where his or her death occurs on or  after  July
    10  first,  two thousand, the beneficiary or beneficiaries nominated for the
    11  purposes of this subdivision may elect to receive, in  a  lump  sum,  an
    12  amount  payable  which  shall be equal to the pension reserve that would
    13  have been established had the member retired on the date of his  or  her
    14  death,  or the value of the death benefit and the reserve-for-increased-
    15  take-home-pay, if any, whichever is greater, provided further  that  for

    16  the  purpose  of determining entitlement to the benefit provided by this
    17  subdivision, and notwithstanding subdivision j of section three  hundred
    18  forty-one  of  this chapter, where the member is an officer or member of
    19  the state police the total number of days of unused sick leave and accu-
    20  mulated vacation credit accrued by the member at the time of his or  her
    21  death  shall  be  considered  in  meeting  the  total creditable service
    22  required to qualify for a service retirement  benefit  provided  without
    23  regard to age where his or her death occurs on or after July second, two
    24  thousand  nine. Provided further that where such police officer or fire-
    25  fighter dies on or after July first, two thousand, after having  retired

    26  from service, but before a first payment of a retirement allowance, such
    27  person shall be deemed to have been in service at the time of his or her
    28  death  for  the  purposes of this subdivision only, and provided further
    29  that the pension reserve established pursuant to this  paragraph  for  a
    30  person who dies after retiring from service, but before first payment of
    31  a retirement allowance, shall be determined as of the date of retirement
    32  and  any  pension  payments  payable for the period of time prior to the
    33  retiree's death shall be deducted from any benefits payable pursuant  to
    34  this subdivision.
    35    §  3.  All past service costs incurred due to enactment of this legis-
    36  lation shall be borne by the state of New York.
    37    § 4. This act shall take effect immediately and  shall  be  deemed  to
    38  have been in full force and effect on and after July 2, 2009.

          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill will provide an improved death benefit equal to the pension
        reserve to the beneficiaries of State Police Officers by allowing  their
        unused  vacation and sick leave credit to be included with their service
        credit for the purpose of determining retirement eligibility.  All  past
        service  costs  will  be  paid  by the State of New York, and all future
        costs will be shared and spread over the  future  working  lifetimes  of
        current members.
          If  this  bill is enacted, for the one person known to be affected, we
        anticipate that there will be a cost to the State of New York of approx-
        imately $357,000, based on a billing date  of  March  1,  2011.  In  the
        future,  we  anticipate  that  there will be few individuals affected by
        this legislation.

          This estimate, dated March 31, 2010 and intended for use  only  during
        the  2010  Legislative Session, is Fiscal Note No. 2010-126, prepared by
        the Actuary for the New York State and Local Police and Fire  Retirement
        System.
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