S07544 Summary:
BILL NO | S07544A |
  | |
SAME AS | SAME AS A10753-A |
  | |
SPONSOR | VALESKY |
  | |
COSPNSR | THOMPSON |
  | |
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. |
S07544 Actions:
BILL NO | S07544A | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/20/2010 | REFERRED TO CIVIL SERVICE AND PENSIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2010 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2010 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2010 | ORDERED TO THIRD READING CAL.1102 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2010 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/23/2010 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/24/2010 | RECALLED FROM ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/24/2010 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/24/2010 | VOTE RECONSIDERED - RESTORED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/24/2010 | AMENDED ON THIRD READING 7544A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/28/2010 | REPASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/28/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/28/2010 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | substituted for a10753a | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | ordered to third reading rules cal.539 | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
09/07/2010 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
09/17/2010 | SIGNED CHAP.525 |
S07544 Floor Votes:
Yes
Abbate
ER
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
Murray
Yes
Saladino
Yes
Alessi
Yes
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
Yes
Sayward
Yes
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
Yes
Oaks
Yes
Scarborough
Yes
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
Yes
O'Mara
Yes
Schimminger
Yes
Aubry
Yes
Colton
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schroeder
Yes
Bacalles
Yes
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
Yes
Ball
ER
Cook
Yes
Gordon
Yes
Lopez PD
Yes
Paulin
Yes
Skartados
Yes
Barclay
Yes
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
Yes
Spano
Yes
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
ER
Crouch
Yes
Hawley
Yes
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
Yes
Hayes
Yes
Magnarelli
Yes
Powell
Yes
Tedisco
No
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
ER
Markey
Yes
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
Yes
Hikind
Yes
Mayersohn
Yes
Rabbitt
Yes
Titus
Yes
Boyle
Yes
Destito
Yes
Hooper
Yes
McDonough
Yes
Raia
Yes
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
Yes
Brodsky
Yes
Duprey
Yes
Hyer Spencer
Yes
McKevitt
Yes
Reilich
Yes
Townsend
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller JM
Yes
Rivera J
Yes
Weisenberg
Yes
Butler
Yes
Espaillat
ER
Jeffries
Yes
Miller MG
Yes
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
Yes
Calhoun
Yes
Fields
Yes
Jordan
Yes
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Camara
Yes
Finch
Yes
Kavanagh
Yes
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
Yes
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell
‡ Indicates voting via videoconference
S07544 Text:
Go to top 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. LBD16864-03-0S. 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.