Relates to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund.
Ayes (21): Flanagan, Bonacic, Carlucci, DeFrancisco, Farley, Hannon, Larkin, LaValle, Little, Marcellino, Seward, Skelos, Young, Valesky, Stewart-Cousins, Breslin, Dilan, Espaillat, Hassell-Thompson, Montgomery, Parker
Ayes W/R (4): Nozzolio, Gianaris, Krueger, Perkins
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund
PURPOSE: This bill will allow retired member from the Fire Department of the City Of New York (FDNY) to serve in elected office without loss or diminution of their retirement allowance from the City of New York.
SUMMARY OF PROVISIONS: Amends the administrative code of the city of New York by adding a new section 13241.1 allowing for the continuance of retirement allowance upon election to office by retired members of the FNDY.
EXISTING LAW: Currently, retirees of FDNY may be subject to revocation, repeal or diminishment of their pension allowances upon election to public office.
JUSTIFICATION: Changes to various chapters of law and to the Administrative Code of the City of New York, have permitted active service and retired members of the uniform service of our state to serve in elected office without the harsh penalty faced retirees of the FDNY.
Section 13-250 of the Administrative Code of the City of New York allows for retired members of the New York City Police Department (NYPD) to service in elected office without revocation, repeal or diminishment of their retirement allowances. This legislation is identical to that which covers retirees from NYPD.
Chapter 573 of 1998 - allowed for active members of FDNY to hold elected office, providing that the Commissioner may require the member to take a leave of absence to service in the elected position.
Chapter 579 of 2005 provides for those who retired on disability from the New York State police and fire retirement system, who returns to gainful employment as a public official to receive the full amount of his or her retirement allowance. Additionally, the fiscal implications as appended to this chapter of law and produced by the actuary of the system deemed that the costs to the system would be negligible.
While anyone contemplating running for elective office needs to ways to pros and cons of such an endeavor, the State should provide a level playing field for all such candidates. The loss of a pension for some retired public servants and not for others sends the wrong message, particularly when these people have served the public in similar capacities through their public careers.
LEGISLATIVE HISTORY: 2013-14 Session - S.5548 - referred to Civil Service and Pensions
STATE AND LOCAL FISCAL IMPLICATIONS: According to the actuary of the City of New York enactment of this legislation is expected to result in little or no change on the Actuarial Present Value of Benefits,
Employer Normal Cost, Actuarial Accrued Liability or employer contributions
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 5361 2015-2016 Regular Sessions IN SENATE May 13, 2015 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 13-341.1 to read as follows: S 13-341.1 CONTINUANCE OF RETIREMENT ALLOWANCE UPON ELECTION TO PUBLIC OFFICE. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL LAW, NEW YORK CITY CHARTER, NEW YORK CITY ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, THE PAYMENT OF ANY PENSION FROM THE FIRE DEPARTMENT PENSION FUND, SUBCHAPTER ONE OF THIS CHAPTER, SHALL NOT BE REVOKED, REPEALED OR DIMINISHED BY REASON OF THE PENSIONER HOLDING OR RECEIVING ANY COMPENSATION AS THE RESULT OF HIS OR HER ELECTION TO A PUBLIC OFFICE UNDER THE STATE OF NEW YORK, OR OF ANY CITY, COUNTY OR OTHER POLITICAL SUBDIVISION, AGENCY OR BOARD OF THE STATE OF NEW YORK. S 2. This act shall take effect immediately. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: This proposed legislation would amend Administrative Code of the City of New York ("ACNY") by adding Section 13-341.1 to allow that the payment of any pension from the New York Fire Department Pension Fund ("FIRE") shall not be revoked, repealed or diminished by reason of the pensioner holding or receiving any compensation as the result of his or her election to a public office under the state of New York, or of, any city, county or other political subdivision, agency or board of the state of New York. Note: The provisions of this proposed legislation for retired members of FIRE are similar to those currently in law under ACNY Section 13-250 for retired members of the New York City Police Pension Fund.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09935-02-5 S. 5361 2 Currently, a retired member of FIRE may have their pension limited due to post-retirement limitations imposed by New York City Charter Section 1117 or by Retirement and Social Security Law Sections 211 and 212. This proposed legislation, if enacted, would remove these limitations in the case of elections to a public office as described in the legislation. The Effective Date of the proposed legislation would be the date of enactment. FINANCIAL IMPACT - ACTUARIAL PRESENT VALUE OF BENEFITS, EMPLOYER NORMAL COST, ACTUARIAL ACCRUED LIABILITY AND EMPLOYER CONTRIBUTIONS: As the Actuary expects that few retired members will be affected by this legislation, the enactment of this proposed legislation is expected to result in little or no change in the Actuarial Present Value of Bene- fits, Employer Normal Cost, Actuarial Accrued Liability or employer contributions to FIRE. STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuar- ies. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2015 Legislative Session. It is Fiscal Note 2015-25, dated May 6, 2015.