This bill has been amended

Bill S3758-2013

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Feb 14, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S3758

TITLE OF BILL: An act to amend the retirement and social security law, in relation to providing equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision

PURPOSE: To provide equal retirement benefits for all who have been appointed the title of superintendent in the department of corrections and community supervision.

SUMMARY OF PROVISIONS:

Section 149 of the retirement and social security law shall be amended to allow a person who has served at least twenty five years for the department of corrections and community supervision to elect the preferred retirement plan within ninety days of his or her appointment, or in the case of retired workers, within ninety days of the enactment of a subdivision to this law.

JUSTIFICATION: Tier 3, Article 14C0 members promoted through the ranks to Superintendent earn a retirement benefit of 50% after 25 years of service. Others in the department that did not promote through the ranks but are Tier 3, Article 14 members earn 60% plus an additional

1.5% each year beyond 30. This bill would allow the preferred benefits that Article 14 members earn without promotion for Article 14C0 members that rise up through the ranks. This would provide all superintendents in the department the opportunity to earn equal retirement benefits for doing the same work regardless of the career path taken.

LEGISLATIVE HISTORY: New bill

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 3758 2013-2014 Regular Sessions IN SENATE February 14, 2013 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to providing equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of subdivi- sion a of section 600 of the retirement and social security law, as amended by section 149 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (ii) a person who serves in the title of superintendent as of April first, two thousand six, who has had at least seven years of service credited toward the retirement plan established pursuant to this article while employed by the department of corrections and community super- vision and who elects the retirement plan established pursuant to this article on or before September thirtieth, two thousand six. Such election shall be in writing, shall be duly executed and filed with the comptroller and shall be irrevocable as long as such person is in the title of superintendent; OR (III) A PERSON WHO IS APPOINTED TO THE TITLE OF SUPERINTENDENT, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF HIS OR HER APPOINTMENT. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN THE TITLE OF SUPERINTENDENT; OR (IV) A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT WHEN THIS SUBPARAGRAPH IS ENACTED, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A
MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF THE ENACTMENT OF THIS SUBPARAGRAPH. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN THE TITLE OF SUPER- INTENDENT; OR (V) A PERSON WHO HAS RETIRED WHILE SERVING IN THE TITLE OF SUPERINTEN- DENT, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF THE ENACTMENT OF THIS SUBPARAGRAPH. SUCH ELECTION SHALL BE IN WRIT- ING, SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE. S 2. This act shall take effect immediately. FISCAL NOTE.--This bill would allow Tier 3, 5 and 6 superintendents under the jurisdiction of the department of corrections and community supervision of New York state to become eligible to receive benefits under the provisions of Article 15 of the Retirement and Social Security Law in addition to the half-pay plan at 25 years benefit. This bill would also cover retired superintendents. Current and future affected members and retirees would have 90 days from the later of the effective date of this bill and their date of being appointed to a superintendent position to file for this benefit. If this bill is enacted, we anticipate that there will be an immediate past service cost of approximately $3.34 million which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2014. In addition to this cost, there would also be costs for future super- intendents who elect this benefit. These costs would depend on the age, service, salary and tier of the affected members, and would be paid by the State of New York as a one-time payments as they occur. These estimated costs are based on twenty-three (23) superintendents with a total annual salary of approximately $2.1 million for the fiscal year ending March 31, 2012. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report. Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2012 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2012 Actuarial Valuations report. 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 February 12, 2013 and intended for use only during the 2013 Legislative Session, is Fiscal Note No. 2013-75, prepared by the Actuary for the New York State and Local Employees' Retirement System.

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