Bill S7256A-2013

Relates to allowing members of the NYSLPFRS to receive credit for service rendered with Metro-North, the L.I. Railroad or MTA

Allows any police officer who was employed by the Metropolitan Transportation Authority, the Long Island Railroad Company or the Metro-North Commuter Railroad Company and who is a member of the MTA police retirement program to transfer his or her membership to the New York State and Local Police and Fire Retirement System.

Details

Actions

  • Jun 16, 2014: PRINT NUMBER 7256A
  • Jun 16, 2014: AMEND (T) AND RECOMMIT TO FINANCE
  • May 28, 2014: REPORTED AND COMMITTED TO FINANCE
  • May 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S7256A

TITLE OF BILL: An act to amend the retirement and social security law, in relation to allowing the transfer of membership in the MTA police retirement program to the New York state and local police and fire retirement system

PURPOSE: This bill would allow certain police members of the New York State and Local Police and Fire Retirement System to receive service credit for MTA police service rendered with the Metro-North Commuter Railroad Company, the Long Island Railroad Company and the Metropolitan Transportation Authority. Such members must render at least two years of service with a participating employer to receive credit for such service.

SUMMARY OF PROVISIONS: Amends Subdivisions a and h of section 343 of the Retirement and Social Security Law

JUSTIFICATION: Many police officers employed by municipalities and public authorities in New York State, switch employment at some time in their career to take advantage of a promotional opportunity or to otherwise improve their career status. This legislation would allow for service with Metro-North, the LIRR and the MTA to be credited in other similar employment in the State.

LEGISLATIVE HISTORY: S.5406/A.5965 of 8008 - Passed Senate/ Assembly Ways and Means S.5406/A.5965 of 2007 - Passed Senate/Assembly Gov. Employees S.7800/A.8548-A of 2006 - Passed Senate/Assembly Gov. Employees

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7256--A IN SENATE May 8, 2014 ___________
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 and committed to the Commit- tee on Finance -- 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 allowing the transfer of membership in the MTA police retirement program to the New York state and local police and fire retirement system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 343 of the retirement and social security law, as amended by chapter 728 of the laws of 2006, the opening paragraph as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: a. Notwithstanding any other provision of law providing for transfers, any member of any retirement system maintained by the state or a munici- pality thereof, operating on a sound financial basis and subject to the supervision of the department of financial services of this state may transfer his or her membership pursuant to this section to the New York state and local employees' retirement system, the New York city board of education employees' retirement system, the New York state teachers' retirement system, the New York state and local police and fire retire- ment system or to the New York city employees' retirement system. Any member of the New York state and local police and fire retirement system may transfer his or her membership to any retirement system, other than the hospital retirement system, which is operating on a sound basis and is subject to the supervision of the department of financial services of this state. Any police officer employed by the metropolitan transporta- tion authority who is a member of the MTA police twenty year retirement program of the metropolitan transportation authority defined benefit pension plan (hereinafter referred to in this section as the "MTA police retirement program") may transfer his or her membership in the New York state and local police and fire retirement system and/or the New York
city police pension fund to the MTA police retirement program. ANY POLICE OFFICER WHO WAS EMPLOYED BY THE METROPOLITAN TRANSPORTATION AUTHORITY, THE LONG ISLAND RAILROAD COMPANY OR THE METRO-NORTH COMMUTER RAILROAD COMPANY AND WHO IS A MEMBER OF THE MTA POLICE RETIREMENT PROGRAM MAY TRANSFER HIS OR HER MEMBERSHIP IN THE MTA POLICE RETIREMENT PROGRAM TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM. Any transfer pursuant to this section may be effectuated only if the member has accepted a position in another branch of the state or municipal service which would make it: 1. Impossible for him or her to continue in the retirement system of which he or she has been a member, and 2. Possible for him or her to participate in another such system. Notwithstanding the foregoing provisions of this subdivision, any employee who would be eligible to avail himself or herself of the provisions of this section but for being on leave of absence status from a prior employment while in his or her present employment, shall be permitted to transfer his or her retirement system membership pursuant to the provisions of this section. S 2. Subdivision h of section 343 of the retirement and social securi- ty law, as amended by chapter 728 of the laws of 2006, is amended to read as follows: h. Notwithstanding any other provision of law to the contrary, with respect to transfers pursuant to this section which occur on or after the effective date of this subdivision, no determination of a reserve pursuant to subdivision c of this section or transfer thereof pursuant to the first sentence of subdivision d of this section shall be required in the case of any transfer pursuant to this section (other than a transfer from the New York state and local police and fire retirement system to either (1) the New York city police department subchapter two pension fund, (2) the New York city fire department subchapter two pension fund or (3) the MTA police retirement program or a transfer from either (i) the New York city police department subchapter two pension fund or (ii) the New York city fire department subchapter two pension fund to either (A) the New York state and local police and fire retire- ment system or (B) the MTA police retirement program OR A TRANSFER FROM THE MTA POLICE RETIREMENT PROGRAM TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM). For the purpose of giving the transferring member such status and crediting such service in the second retirement system as such member was allowed in the first retirement system in those cases to which this subdivision shall apply, the transfer shall be deemed complete upon receipt by the second retirement system of: 1. a statement from the first retirement system of the transferring member's date of membership in the first retirement system, tier status, service credited to such membership being transferred, and such other information as the second retirement system may require to effectuate the transfer; and 2. such member's accumulated contributions from the first retirement system, if same had not been previously withdrawn, or notice from the first retirement system that such member had no accumulated contrib- utions, or notice from the first retirement system that such member's accumulated contributions had been withdrawn and the amount thereof and, as applicable, receipt from such member of such member's accumulated contributions and interest. S 3. This act shall take effect immediately. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

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