NY State Senate Bill 2015-S3948B

Senate Bill S3948B

Signed By Governor

2015-2016 Legislative Session

Relates to special retirement plans for sheriffs, undersheriffs and deputy sheriffs

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	signed chap.542
Nov 30, 2015	delivered to governor
Jun 19, 2015	returned to senate passed assembly ordered to third reading rules cal.704 substituted for a5327c
Jun 17, 2015	referred to ways and means delivered to assembly passed senate
Jun 09, 2015	amended on third reading 3948b
Apr 23, 2015	advanced to third reading
Apr 22, 2015	2nd report cal. amended 3948a
Apr 21, 2015	1st report cal.337
Feb 24, 2015	referred to civil service and pensions

Votes

- Jun 17, 2015 - Floor Vote
  S3948B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Apr 21, 2015 - Civil Service And Pensions Committee Vote
  S3948B
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Apr 21, 2015
      
      aye (9)
      
      Addabbo Jr.
      
      Comrie
      
      Dilan
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Ritchie
      
      Savino
      
      aye wr (2)
      
      Croci
      
      Sanders Jr.

Bill Amendments

Original

B (Active)

2015-S3948 - Details

See Assembly Version of this Bill:: A5327
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§550, 551 & 552, R & SS L
Versions Introduced in 2013-2014 Legislative Session:: A9339

2015-S3948 - Summary

Redefines the term "member" for special retirement plans for sheriffs, undersheriffs and deputy sheriffs in Nassau and Suffolk counties to include a deputy sheriff who is a qualified police officer.

2015-S3948 - Sponsor Memo

                                BILL NUMBER:S3948

TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
special retirement plans for sheriffs, undersheriffs and deputy
sheriffs

PURPOSE:

Allows Nassau and Suffolk Counties to elect to provide that creditable
service on the 20-year retirement plan for sheriffs shall also include
all service performed by a deputy sheriff who is a police officer
pursuant to subdivision 34 of Section 1.20 of the Criminal Procedure
Law as certified by the municipal police council.

SUMMARY OF PROVISIONS:

Amends subdivision a of Section 550 and Subdivision j of Section 552
of the Retirement and Social Security Law to allow Nassau and Suffolk
Counties to elect to provide that creditable service on the 20-year
retirement plan for sheriffs shall also include all service performed
by a deputy sheriff who is a police officer pursuant to subdivision 34
of Section 1.20 of the Criminal Procedure Law as certified by the
municipal police council.

JUSTIFICATION:

All Deputy Sheriffs in Nassau and Suffolk Counties are classified as
police officers under the NYS Criminal Procedure Law (CPL). Nassau and
Suffolk County deputies attend the same police academy alongside
Nassau and Suffolk County police cadets and upon graduation receive
the same prestigious BMPTC Certificate. In their capacity as police
officers, Deputies enforce all of the laws of NYS (i.e. criminal,
vehicle and traffic, civil, etc.) on a daily basis in the course of
their duties. They also participate in multiple law enforcement task
forces working alongside other federal, state and local police
officers facing the same inherent risks and dangers.

Currently, for Deputy Sheriffs in Nassau and Suffolk Counties to
receive "creditable service" under the special retirement (20-year)
plan for deputy sheriffs, a member must "engage directly in criminal
law enforcement activities that aggregate 50% of his or her service as
a police officer under the criminal procedure law as certified by the
county sheriff" Police officers, on the other hand, are granted a
20-year retirement plan based on "service as an officer or member of
any organized police force or department of any county, city, town,
village, police district, authority or other participating employer."
In other words, graduates from a NYS certified police academy that go
to work for a county/local police department are enrolled in a 20-year
retirement plan simply based on the fact that they have received a
Bureau of Municipal Police Training Council (BMPTC) certificate.
Deputy Sheriffs, however, must be certified individually, year after
year by the County Sheriff indicating that they have reached the 50%
criminal law enforcement activity threshold. These certifications must
also be filed with the State Comptroller. A major problem with this
retirement plan is that a deputy sheriff who is out on a performance


duty injury could face a possible non-certification under the 50%
criteria and lose several years of creditable service putting their
20-year retirement in jeopardy.

Allowing Nassau and Suffolk Counties the option to use a deputy's
BMPTC certificate and classification as a "police officer" under
Section 1.20 of the CPL as the basis for certifying creditable service
would once and for all "clean up" the inefficient and unrealistic
methodology currently prescribed by law. It will also provide parity
with other police officers in NYS who are not held to such arbitrary
standards to obtain their 20-year retirement plan.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the 90th day.

2015-S3948 - Bill Text download pdf

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

                                  3948

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
  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

S. 3948                             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.

2015-S3948A - Details

See Assembly Version of this Bill:: A5327
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§550, 551 & 552, R & SS L
Versions Introduced in 2013-2014 Legislative Session:: A9339

2015-S3948A - Summary

Redefines the term "member" for special retirement plans for sheriffs, undersheriffs and deputy sheriffs in Nassau and Suffolk counties to include a deputy sheriff who is a qualified police officer.

2015-S3948A - Sponsor Memo

                                BILL NUMBER:S3948A

TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to special retirement plans for sheriffs,
undersheriffs and deputy sheriffs

PURPOSE:

Allows localities to elect to provide that creditable service on the
20-year or 25-year retirement plan for sheriffs to also include all
service performed by a deputy sheriff who is a police officer pursuant
to subdivision 34 of Section 1.20 of the Criminal Procedure Law as
certified by the municipal police council.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 550(a) of the Retirement and
Social Security Law to add a new paragraph (2) that the term "member"
shall also include a deputy sheriff who is a police officer, as
certified by the municipal police council, and whose employer has
filed an election under Retirement and Social Security Law section
551(h)(2) or 552(j)(2).

Section two of this bill amends section 552(j) of the Retirement and
Social Security Law to add a new subdivision 2 allowing municipalities
to elect to provide creditable service to deputy sheriffs who are also

police officers as certified by the municipal police council.

Section three of this bill amends section 551(h) of the Retirement and
Social Security Law add a new subdivision 2 allowing municipalities to
elect to provide creditable service to deputy sheriffs who are also
police officers as certified by the municipal police council.

Section four of this bill provides that it shall not be subject to the
appropriation provisions of Retirement and Social Security Law section
25.

Section five of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

All Deputy Sheriffs are classified as police officers under the NYS
Criminal Procedure Law (CPL). County deputies attend the same police
academy alongside County police cadets and upon graduation receive the
same prestigious BMPTC Certificate. In their capacity as police
officers, Deputies enforce all of the laws of NYS (Le. criminal,
vehicle and traffic, civil, etc.) on a daily basis in the course of
their duties. They also participate in multiple law enforcement task
forces working alongside other federal, state and local police
officers facing the same inherent risks and dangers.

Currently, for Deputy Sheriffs receive "creditable service" under the
special retirement (20-year) plan for deputy sheriffs, a member must
"engage directly in criminal law enforcement activities that aggregate
50% of his or her service as a police officer under the criminal
procedure law as certified by the county sheriff." Police officers, on


the other hand, are granted a 20-year retirement plan based on
"service as an officer or member of any organized police force or
department of any county, city, town, village, police district,
authority or other participating employer." In other words, graduates
from a NYS certified police academy that go to work for a county/local
police department are enrolled in a 20-year retirement plan simply
based on the fact that they have received a Bureau of Municipal Police
Training Council (BMPTC) certificate. Deputy Sheriffs, however, must
be certified individually, year after year by the County Sheriff
indicating that they have reached the 50% criminal law enforcement
activity threshold. These certifications must also be filed with the
State Comptroller. A major problem with this retirement plan is that a
deputy sheriff who is out on a performance duty injury could face a
possible non-certification under the 50% criteria and lose several
years of creditable service putting their 20-year retirement in
jeopardy.

Allowing Counties the option to use a deputy's BMPTC certificate and
classification as a "police officer" under Section 1.20 of the CPL as
the basis for certifying creditable service would once and for all
"clean up" the inefficient and unrealistic methodology currently
prescribed by law. It will also provide parity with other police
officers in NYS who are not held to such arbitrary standards to obtain
their 20-year retirement plan.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

See fiscal note

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3948A - Bill Text download pdf

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

                                 3948--A
    Cal. No. 337

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

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.
                                                           LBD07744-05-5

S. 3948--A                          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-

S. 3948--A                          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.

2015-S3948B (ACTIVE) - Details

See Assembly Version of this Bill:: A5327
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§550, 551 & 552, R & SS L
Versions Introduced in 2013-2014 Legislative Session:: A9339

2015-S3948B (ACTIVE) - Summary

Redefines the term "member" for special retirement plans for sheriffs, undersheriffs and deputy sheriffs in Nassau and Suffolk counties to include a deputy sheriff who is a qualified police officer.

2015-S3948B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3948B

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to special retirement plans for sheriffs,
undersheriffs and deputy sheriffs

 PURPOSE :  Allows localities to elect to provide that creditable
service on the 20-year or 25-year retirement plan for sheriffs to also
include all service performed by a deputy sheriff who is a police
officer pursuant to subdivision 34 of Section 1.20 of the Criminal
Procedure Law as certified by the municipal police council.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 550(a) of the Retirement and
Social Security Law to add a new paragraph (2) that the term "member"
shall also include a deputy sheriff who is a police officer, as
certified by the municipal police council, and whose employer has
filed an election under Retirement and Social Security Law section
552(j)(2).

Section two of this bill amends section 552(j) of the Retirement and
Social Security Law to add a new subdivision 2 allowing municipalities
to elect to provide creditable service to deputy sheriffs who are also
police officers as certified by the municipal police council.

Section three of this bill amends section 551(h) of the Retirement and
Social Security Law to add a new subdivision 2 allowing municipalities
to elect to provide creditable service to deputy sheriffs who are also
police officers as certified by the municipal police council.

Section four of this bill provides that it shall not be subject to the
appropriation provisions of Retirement and Social Security Law section
25.

Section five of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :  All Deputy Sheriffs are classified as police
officers under the NYS Criminal Procedure Law (CPL). County deputies
attend the same police academy alongside County police cadets and upon
graduation receive the same prestigious BMPTC Certificate. In their
capacity as police officers, Deputies enforce all of the laws of NYS
(Le. criminal, vehicle and traffic, civil, etc.) on a daily basis in
the course of their duties. They also participate in multiple law
enforcement task forces working alongside other federal, state and
local police officers facing the same inherent risks and dangers.

Currently, for Deputy Sheriffs receive "creditable service" under the
special retirement (20-year) plan for deputy sheriffs, a member must
"engage directly in criminal law enforcement activities that aggregate
50% of his or her service as a police officer under the criminal
procedure law as certified by the county sheriff." Police officers, on
the other hand, are granted a 20-year retirement plan based on
"service as an officer or member of any organized police force or
department of any county, city, town, village, police district,
authority or other participating employer." In other words, graduates
from a NYS certified police academy that go to work for a county/local
police department are enrolled in a 20-year retirement plan simply
based on the fact that they have received a Bureau of Municipal Police
Training Council (BMPTC) certificate. Deputy Sheriffs, however, must
be certified individually, year after year by the County Sheriff
indicating that they have reached the 50% criminal law enforcement
activity threshold. These certifications must also be filed with the
State Comptroller. A major problem with this retirement plan is that a
deputy sheriff who is out on a performance duty injury could face a
possible non-certification under the 50% criteria and lose several
years of creditable service putting their 20-year retirement in
jeopardy.

Allowing Counties the option to use a deputy's BMPTC certificate and
classification as a "police officer" under Section 1.20 of the CPL as
the basis for certifying creditable service would once and for all
"clean up" the inefficient and unrealistic methodology currently
prescribed by law. It will also provide parity with other police
officers in NYS who are not held to such arbitrary standards to obtain
their 20-year retirement plan.

 LEGISLATIVE HISTORY : New Bill

 FISCAL IMPLICATIONS : See Fiscal Note

 EFFECTIVE DATE :  This act shall take effect immediately.

2015-S3948B (ACTIVE) - Bill Text download pdf

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

                                 3948--B
    Cal. No. 337

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report --  again
  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
  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.
                                                           LBD07744-08-5

S. 3948--B                          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.

S. 3948--B                          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.

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Senate Bill S3948B

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2015-S3948 - Details

2015-S3948 - Summary

2015-S3948 - Sponsor Memo

2015-S3948 - Bill Text download pdf

2015-S3948A - Details

2015-S3948A - Summary

2015-S3948A - Sponsor Memo

2015-S3948A - Bill Text download pdf

2015-S3948B (ACTIVE) - Details

2015-S3948B (ACTIVE) - Summary

2015-S3948B (ACTIVE) - Sponsor Memo

2015-S3948B (ACTIVE) - Bill Text download pdf

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