S T A T E   O F   N E W   Y O R K
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                                  5804

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 17, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the retirement and social security law, in  relation  to
  service  retirement  benefits  for  persons  engaged  in  criminal law
  enforcement and employed in the office of district attorney  of  Tomp-
  kins county

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

  Section 1. Section 603 of the retirement and social  security  law  is
amended by adding a new subdivision u to read as follows:
  U. IF THE COUNTY OF TOMPKINS ELECTS TO PROVIDE A RETIREMENT BENEFIT BY
ADOPTING A RESOLUTION TO SUCH EFFECT AND FILING A CERTIFIED COPY THEREOF
WITH  THE  COMPTROLLER,  THE  SERVICE  RETIREMENT  BENEFIT  SPECIFIED IN
SECTION SIX HUNDRED FOUR OF THIS ARTICLE SHALL  BE  PAYABLE  TO  MEMBERS
WITH  TWENTY YEARS OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE
ENGAGED DIRECTLY IN CRIMINAL LAW  ENFORCEMENT  ACTIVITIES  AND  WHO  ARE
EMPLOYED  IN THE OFFICE OF THE DISTRICT ATTORNEY OF TOMPKINS COUNTY AS A
CHIEF CRIMINAL INVESTIGATOR/DETECTIVE, DEPUTY  CHIEF  CRIMINAL  INVESTI-
GATOR, CRIMINAL INVESTIGATOR, SENIOR CRIMINAL INVESTIGATOR, CONFIDENTIAL
CRIMINAL  INVESTIGATOR, ASSISTANT CRIMINAL INVESTIGATOR, CRIMINAL INVES-
TIGATOR-ELECTRONICS,  CRIMINAL  INVESTIGATOR-CHILD  ABUSE,  CONFIDENTIAL
INVESTIGATOR  OR  CRIMINAL  INVESTIGATOR/ARSON IF: (I) SUCH MEMBERS HAVE
MET THE MINIMUM SERVICE REQUIREMENTS UPON RETIREMENT, AND  (II)  IN  THE
CASE  OF  A MEMBER SUBJECT TO THE PROVISIONS OF ARTICLE FOURTEEN OF THIS
CHAPTER, SUCH MEMBER FILES AN ELECTION THEREFOR WHICH PROVIDES  THAT  HE
OR  SHE WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO NONE OF
THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER. SUCH ELECTION, WHICH
SHALL BE IRREVOCABLE, SHALL BE IN WRITING, DULY EXECUTED  AND  SHALL  BE
FILED WITH THE COMPTROLLER, WITHIN THREE YEARS AFTER ENTERING EMPLOYMENT
IN  THE OFFICE OF THE DISTRICT ATTORNEY OF TOMPKINS COUNTY IN ONE OF THE
TITLES AFOREMENTIONED IN THIS SUBDIVISION.  FOR  THE  PURPOSES  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13044-04-1
              

S. 5804                             2

SUBDIVISION,  THE TERM:   "CREDITABLE SERVICE" SHALL HAVE THE MEANING AS
SO DEFINED IN BOTH SECTIONS EIGHTY-NINE-D AND SIX HUNDRED  ONE  OF  THIS
CHAPTER  AND  SUCH  TERM  SHALL  BE  SUBJECT  TO  THE CONDITIONS IN SUCH
SECTIONS  EIGHTY-NINE-D  AND  SIX HUNDRED ONE, ALSO INCLUDE SERVICE AS A
SHERIFF, UNDERSHERIFF, CAPTAIN DEPUTY SHERIFF, LIEUTENANT  DEPUTY  SHER-
IFF,  SENIOR CRIMINAL INVESTIGATOR, CHIEF INVESTIGATOR/DETECTIVE, CRIMI-
NAL INVESTIGATOR, CRIMINAL INVESTIGATOR-ELECTRONICS, CRIMINAL INVESTIGA-
TOR-CHILD ABUSE, SERGEANT DEPUTY SHERIFF, DEPUTY SHERIFF, DEPUTY SHERIFF
TRAINEE, POLICE CHIEF, POLICE LIEUTENANT, POLICE SERGEANT, POLICE  OFFI-
CER, OR POLICE CAPTAIN.
  S 2.  Section 604 of the retirement and social security law is amended
by adding a new subdivision u to read as follows:
  U.  IF THE COUNTY OF TOMPKINS ELECTS TO PROVIDE THE RETIREMENT BENEFIT
PURSUANT TO THIS SUBDIVISION BY ADOPTING A RESOLUTION TO SUCH EFFECT AND
FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER, THE EARLY  SERVICE
RETIREMENT  BENEFIT  FOR  A  MEMBER WHO IS EMPLOYED IN THE OFFICE OF THE
DISTRICT   ATTORNEY   OF   TOMPKINS   COUNTY   AS   A   CHIEF   CRIMINAL
INVESTIGATOR/DETECTIVE,  DEPUTY  CHIEF  CRIMINAL  INVESTIGATOR, CRIMINAL
INVESTIGATOR, SENIOR CRIMINAL INVESTIGATOR, CONFIDENTIAL CRIMINAL INVES-
TIGATOR, ASSISTANT CRIMINAL  INVESTIGATOR,  CRIMINAL  INVESTIGATOR-ELEC-
TRONICS, CRIMINAL INVESTIGATOR-CHILD ABUSE, CONFIDENTIAL INVESTIGATOR OR
CRIMINAL  INVESTIGATOR/ARSON  OR  OTHER  INVESTIGATIVE  TITLE SHALL BE A
PENSION EQUAL TO ONE-FORTIETH OF FINAL AVERAGE  SALARY  TIMES  YEARS  OF
CREDITED  SERVICE  FOR  THE  FIRST TWENTY YEARS OF SERVICE PLUS AN ADDI-
TIONAL ONE-SIXTIETH OF FINAL AVERAGE  SALARY  TIMES  YEARS  OF  CREDITED
SERVICE  FOR  EACH YEAR BEYOND THE FIRST TWENTY YEARS OF SERVICE IN SUCH
TITLE, BUT NOT EXCEEDING THREE-FOURTHS OF HIS OR HER FINAL AVERAGE SALA-
RY.
  S 3. The county of Tompkins shall, by resolution, determine whether to
extend the provisions of this act to those members in the office of  the
district  attorney  as  a  chief criminal investigator/detective, deputy
chief criminal  investigator,  criminal  investigator,  senior  criminal
investigator,  confidential  criminal  investigator,  assistant criminal
investigator, criminal investigator-electronics, criminal  investigator-
child abuse, confidential investigator or criminal investigator/arson or
other  investigative  title provided, however, that such resolution must
be adopted by April 1, 2012.
  S 4. The costs attributable to the operation  of  this  act  shall  be
borne by the county of Tompkins and shall be paid over a ten year period
in amounts determined by the retirement system actuary.
  S 5. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  Tompkins County to elect to provide a special
twenty (20) year retirement plan to members who are engaged directly  in
criminal  law  enforcement activities and who are employed in the office
of the  district  attorney  of  Tompkins  County  as  a  chief  criminal
investigator/detective,  deputy  chief  criminal  investigator, criminal
investigator, senior criminal investigator, confidential criminal inves-
tigator, assistant criminal  investigator,  criminal  investigator-elec-
tronics,  criminal  investigator-child abuse, confidential investigator,
or criminal investigator/arson. Such plan  will  provide  a  benefit  of
one-half  of  final  average  salary  upon retirement plus an additional
benefit of one sixtieth of final average salary for each year of service
in excess of twenty (20) years, not to exceed fifteen (15) such years.
  Presently, there are no investigators  employed  by  Tompkins  County.
However, this legislation will establish a series of job titles in their

S. 5804                             3

district attorney's office to enable such future investigators to become
covered under this special retirement plan.
  If  this  bill  is enacted, for the fiscal year ending March 31, 2012,
the additional annual cost will be 6.2%  of  the  salaries  of  affected
Tiers 3 and 4 investigators, and 7.4% of the salaries of affected Tier 5
investigators.
  In  addition  to  the  annual contributions discussed above, in future
years when Tompkins County appoints any investigator with previous cred-
itable service into one of these investigator titles, there will  be  an
immediate  past  service cost which will depend on the salary, plan, age
and length of past service of the investigators  as  of  the  date  they
become  covered  under  such plan. These costs will be borne by Tompkins
County and amortized over a period of ten (10) years.
  This estimate, dated June 16, 2011, and intended for use  only  during
the  2011  Legislative Session, is Fiscal Note No. 2011-204, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.