S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5327

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  special retirement plans for sheriffs, undersheriffs and deputy  sher-
  iffs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 550 of the retirement  and  social
security law, as added by chapter 165 of the laws of 1995, is amended to
read as follows:
  a.  1.  "Member"  shall  mean  a  person who is employed as a sheriff,
undersheriff or deputy sheriff who is engaged directly in  criminal  law
enforcement  activities  that  aggregate  fifty per centum of his or her
service and is a police officer under the  criminal  procedure  law,  as
certified  by  the  county sheriff, by any county which elects by resol-
ution duly adopted, to provide the benefits as authorized by this  arti-
cle[,].
  2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, MEMBER SHALL ALSO INCLUDE A DEPUTY SHERIFF WHO IS A POLICE OFFICER
PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW  AS  CERTIFIED  BY  THE  MUNICIPAL POLICE COUNCIL, WHO IS
EMPLOYED BY NASSAU OR SUFFOLK COUNTY; PROVIDED  THAT  THE  EMPLOYER  HAS
FILED  AN  ELECTION TO THAT EFFECT PURSUANT TO PARAGRAPH TWO OF SUBDIVI-
SION J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS ARTICLE.
  S 2. Subdivision j of section 552 of the retirement and social securi-
ty law, as added by chapter 165 of the laws of 1995, is amended to  read
as follows:
  j.  1. As used in this section "creditable service" shall include, any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided, however, that criminal law enforcement service shall  only  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07744-02-5

              

A. 5327                             2

creditable  when  it  aggregates  fifty per centum or more of his or her
service as a deputy sheriff.
  2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-
TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  3. AS USED IN PARAGRAPH TWO OF THIS SUBDIVISION, PARTICIPATING EMPLOY-
ER SHALL MEAN NASSAU OR SUFFOLK COUNTY.
  4. Credit for service as a member or officer of the state police or as
a paid fireman, policeman or officer of any organized fire department or
police force or department of any  county,  city,  village,  town,  fire
district or police district, or as a criminal investigator in the office
of a district attorney, provided that service as such investigator shall
have  been  rendered  prior to January first, nineteen hundred sixty and
that credit therefor shall not exceed five years, shall also  be  deemed
to  be  creditable  service  and shall be included in computing years of
total service for retirement pursuant to  this  section,  provided  such
service was performed by the member while contributing to the retirement
system  pursuant  to  the provisions of this article or article eight of
this chapter.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  Nassau County and Suffolk County to elect to
provide that creditable service on the 20 year retirement plan for sher-
iffs shall also include all service performed by a deputy sheriff who is
a police officer pursuant to subdivision thirty-four of section 1.20  of
the criminal procedure law as certified by the municipal police council.
  If  this  bill is enacted, this bill could provide service credit on a
20 year retirement plan or a 25 year retirement plan, where it otherwise
would not be creditable. However, in  all  likelihood  this  bill  would
affect very few members. The cost of this bill would be minimal.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  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, 2014
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 estimate, dated January 28, 2015 and intended for use only during
the  2015  Legislative  Session, is Fiscal Note No. 2015-51, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5327--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  special  retirement plans for sheriffs, undersheriffs and deputy sher-
  iffs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision a of section 550 of the retirement and social
security law, as added by chapter 165 of the laws of 1995, is amended to
read as follows:
  a. 1. "Member" shall mean a person  who  is  employed  as  a  sheriff,
undersheriff  or  deputy sheriff who is engaged directly in criminal law
enforcement activities that aggregate fifty per centum  of  his  or  her
service  and  is  a  police officer under the criminal procedure law, as
certified by the county sheriff, by any county which  elects  by  resol-
ution  duly adopted, to provide the benefits as authorized by this arti-
cle[,].
  2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
SION, MEMBER SHALL ALSO INCLUDE A DEPUTY SHERIFF WHO IS A POLICE OFFICER
PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW AS CERTIFIED BY THE  MUNICIPAL  POLICE  COUNCIL,  PROVIDED
THAT THE EMPLOYER HAS FILED AN ELECTION TO THAT EFFECT PURSUANT TO PARA-
GRAPH  TWO  OF  SUBDIVISION  J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS
ARTICLE.
  S 2. Subdivision j of section 552 of the retirement and social securi-
ty law, as added by chapter 165 of the laws of 1995, is amended to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07744-06-5

              

A. 5327--B                          2

  j.  1. As used in this section "creditable service" shall include, any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided, however, that criminal law enforcement service shall  only  be
creditable  when  it  aggregates  fifty per centum or more of his or her
service as a deputy sheriff.
  2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-
TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  3. Credit for service as a member or officer of the state police or as
a paid fireman, policeman or officer of any organized fire department or
police force or department of any  county,  city,  village,  town,  fire
district or police district, or as a criminal investigator in the office
of a district attorney, provided that service as such investigator shall
have  been  rendered  prior to January first, nineteen hundred sixty and
that credit therefor shall not exceed five years, shall also  be  deemed
to  be  creditable  service  and shall be included in computing years of
total service for retirement pursuant to  this  section,  provided  such
service was performed by the member while contributing to the retirement
system  pursuant  to  the provisions of this article or article eight of
this chapter.
  S 3. Subdivision h of section 551 of the retirement and social securi-
ty law, as added by chapter 165 of the laws of 1995, is amended to  read
as follows:
  h.  1. As used in this section "creditable service" shall include, any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided, however, that criminal law enforcement service shall  only  be
creditable  when  it  aggregates  fifty per centum or more of his or her
service as a deputy sheriff. Credit for service as a member  or  officer
of  the  state  police or as a paid fireman, policeman or officer of any
organized fire department or police force or department of  any  county,
city,  village, town, fire district or police district, or as a criminal
investigator in the office of a district attorney, provided that service
as such investigator shall have been rendered prior  to  January  first,
nineteen  hundred  sixty  and that credit therefor shall not exceed five
years, shall also be deemed  to  be  creditable  service  and  shall  be
included  in computing years of total service for retirement pursuant to
this section, provided such service was performed by  the  member  while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
  2.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE  COMP-
TROLLER  FOR  THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE SHALL ALSO
INCLUDE ANY AND ALL SERVICE PERFORMED BY  A  DEPUTY  SHERIFF  WHO  IS  A
POLICE  OFFICER  PURSUANT  TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  S 4. Notwithstanding any other provision of law to the contrary,  none
of  the  provisions  of  this  act shall be subject to the appropriation
requirement of section twenty-five of the retirement and social security
law.
  S 5. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This bill would allow Nassau County and Suffolk  County  to  elect  to
provide that creditable service on the 20 year retirement plan for sher-

A. 5327--B                          3

iffs shall also include all service performed by a deputy sheriff who is
a  police officer pursuant to subdivision thirty-four of section 1.20 of
the criminal procedure law as certified by the municipal police council.
  If  this  bill is enacted, this bill could provide service credit on a
20 year retirement plan or a 25 year retirement plan, where it otherwise
would not be creditable. However, in  all  likelihood  this  bill  would
affect very few members. The cost of this bill would be minimal.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  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, 2014
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 estimate, dated January 28, 2015 and intended for use only during
the  2015  Legislative  Session, is Fiscal Note No. 2015-51, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5327--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. ABBATE, SALADINO -- read once and referred to the
  Committee  on  Governmental  Employees  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Ways  and  Means -- 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
  special  retirement plans for sheriffs, undersheriffs and deputy sher-
  iffs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision a of section 550 of the retirement and social
security law, as added by chapter 165 of the laws of 1995, is amended to
read as follows:
  a. 1. "Member" shall mean a person  who  is  employed  as  a  sheriff,
undersheriff  or  deputy sheriff who is engaged directly in criminal law
enforcement activities that aggregate fifty per centum  of  his  or  her
service  and  is  a  police officer under the criminal procedure law, as
certified by the county sheriff, by any county which  elects  by  resol-
ution  duly adopted, to provide the benefits as authorized by this arti-
cle[,].
  2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
SION, MEMBER SHALL ALSO INCLUDE A DEPUTY SHERIFF WHO IS A POLICE OFFICER
PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW AS CERTIFIED BY THE  MUNICIPAL  POLICE  COUNCIL,  PROVIDED
THAT THE EMPLOYER HAS FILED AN ELECTION TO THAT EFFECT PURSUANT TO PARA-
GRAPH  TWO  OF  SUBDIVISION  J OF SECTION FIVE HUNDRED FIFTY-TWO OF THIS
ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07744-07-5

              

A. 5327--C                          2

  S 2. Subdivision j of section 552 of the retirement and social securi-
ty law, as added by chapter 165 of the laws of 1995, is amended to  read
as follows:
  j.  1. As used in this section "creditable service" shall include, any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided, however, that criminal law enforcement service shall  only  be
creditable  when  it  aggregates  fifty per centum or more of his or her
service as a deputy sheriff.
  2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
SION,  A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE COMP-
TROLLER FOR THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE  SHALL  ALSO
INCLUDE  ANY  AND  ALL  SERVICE  PERFORMED  BY A DEPUTY SHERIFF WHO IS A
POLICE OFFICER PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  3. Credit for service as a member or officer of the state police or as
a paid fireman, policeman or officer of any organized fire department or
police  force  or  department  of  any county, city, village, town, fire
district or police district, or as a criminal investigator in the office
of a district attorney, provided that service as such investigator shall
have been rendered prior to January first, nineteen  hundred  sixty  and
that  credit  therefor shall not exceed five years, shall also be deemed
to be creditable service and shall be included  in  computing  years  of
total  service  for  retirement  pursuant to this section, provided such
service was performed by the member while contributing to the retirement
system pursuant to the provisions of this article or  article  eight  of
this chapter.
  S 3. Subdivision h of section 551 of the retirement and social securi-
ty  law, as added by chapter 165 of the laws of 1995, is amended to read
as follows:
  h. 1. As used in this section "creditable service" shall include,  any
and all services performed as a sheriff, undersheriff or deputy sheriff,
provided,  however,  that criminal law enforcement service shall only be
creditable when it aggregates fifty per centum or more  of  his  or  her
service  as  a deputy sheriff. Credit for service as a member or officer
of the state police or as a paid fireman, policeman or  officer  of  any
organized  fire  department or police force or department of any county,
city, village, town, fire district or police district, or as a  criminal
investigator in the office of a district attorney, provided that service
as  such  investigator  shall have been rendered prior to January first,
nineteen hundred sixty and that credit therefor shall  not  exceed  five
years,  shall  also  be  deemed  to  be  creditable service and shall be
included in computing years of total service for retirement pursuant  to
this  section,  provided  such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
  2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE  OF  THIS  SUBDIVI-
SION,  A PARTICIPATING EMPLOYER MAY ELECT ON A FORM FILED WITH THE COMP-
TROLLER FOR THAT PURPOSE TO PROVIDE THAT CREDITABLE SERVICE  SHALL  ALSO
INCLUDE  ANY  AND  ALL  SERVICE  PERFORMED  BY A DEPUTY SHERIFF WHO IS A
POLICE OFFICER PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF
THE CRIMINAL PROCEDURE LAW AS CERTIFIED BY THE MUNICIPAL POLICE COUNCIL.
  S  4. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall  be  subject  to  the  appropriation
requirement of section twenty-five of the retirement and social security
law.
  S 5. This act shall take effect immediately.

A. 5327--C                          3

  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  a County to elect to provide that creditable
service on the 20 year retirement plan or the 25  year  retirement  plan
for  sheriffs shall also include all service performed by a deputy sher-
iff who is a police  officer  pursuant  to  subdivision  thirty-four  of
section 1.20 of the criminal procedure law as certified by the municipal
police council.
  If  this  bill is enacted, this bill could provide service credit on a
20 year retirement plan or a 25 year retirement plan, where it otherwise
would not be creditable. However, in  all  likelihood  this  bill  would
affect very few members. The cost of this bill would be minimal.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  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, 2014
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 estimate, dated June 4, 2015 and intended for use only during the
2015  Legislative  Session, is Fiscal Note No. 2015-132, prepared by the
Actuary for the New York State and Local Employees' Retirement System.