NY State Senate Bill 2017-S4277A

Senate Bill S4277A

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2018	print number 4277a
Apr 27, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions
Feb 08, 2017	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2017-S4277 - Details

See Assembly Version of this Bill:: A7706
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3758, A8933
2015-2016: S1968, A3879
2019-2020: S2052
2021-2022: S6265
2023-2024: S3123

2017-S4277 - Summary

Provides equal retirement benefits for persons who have been appointed to the title of correction lieutenant, correction captain, deputy assistant superintendent and superintendent in the department of corrections and community supervision.

2017-S4277 - Sponsor Memo

2017-S4277 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4277
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 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 correction lieutenant,  correction  captain,
   deputy assistant superintendent or 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 and two new clauses (iii) and (iv) are added 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 CORRECTION LIEUTENANT,
 CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01310-03-7

 S. 4277                             2
 
 THE TITLE OF CORRECTION LIEUTENANT, CORRECTION CAPTAIN, DEPUTY ASSISTANT
 SUPERINTENDENT OR SUPERINTENDENT; OR
   (IV)  A  PERSON  WHO  SERVES  IN  THE  TITLE OF CORRECTION LIEUTENANT,
 CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT ON
 THE EFFECTIVE DATE OF THIS CLAUSE AND WHO  ELECTS  THE  RETIREMENT  PLAN
 ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF THE EFFECTIVE
 DATE  OF  THIS  CLAUSE. 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  CORRECTION  LIEUTENANT,  CORRECTION
 CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill would allow certain Tier 3, 5 and 6 correction lieutenants,
 captains, deputy assistant superintendents and 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
 instead of the half-pay plan at 25 years benefit. Affected members would
 have 90 days from the later of the effective date of this bill and their
 date  of being appointed to one of the aforementioned titles to file for
 this benefit. Such elections shall be irrevocable.
   If this bill is enacted, we anticipate that there will be an immediate
 past service cost for members currently in these titles of approximately
 $54.5 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, 2018.
   In addition to this cost, there would also be future costs for members
 who  are  appointed  to one of these titles and become eligible for this
 improved benefit in the future. 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 one time payments as they occur.
   These estimated costs are based on 613 members  currently  in  one  of
 these titles with a total annual salary of approximately $67 million for
 the fiscal year ending March 31, 2016.
   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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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  February  7,  2017,  and intended for use only
 during the  2017  Legislative  Session,  is  Fiscal  Note  No.  2017-46,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

2017-S4277A (ACTIVE) - Details

See Assembly Version of this Bill:: A7706
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3758, A8933
2015-2016: S1968, A3879
2019-2020: S2052
2021-2022: S6265
2023-2024: S3123

2017-S4277A (ACTIVE) - Summary

2017-S4277A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4277A

SPONSOR: GALLIVAN
 
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 correction lieutenant, correction captain, deputy
assistant superintendent or superintendent in the department of
corrections and community supervision

 
PURPOSE:

To provide equal retirement benefits for all who have been appointed the
title of correction lieutenant, correction captain, deputy assistant
superintendent, or superintendent in the department of corrections and
community supervision.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subparagraph (b) of paragraph 2 of subdi-

vision a of section 600 of the Retirement and Social Security Law by
adding new clauses (iii) and (iv). Addition of the new clauses would
have the effect of allowing the identified personnel to elect the
preferred retirement plan. Provides such applicable personnel to elect
to become a member of such retirement within ninety days of appointment
or within the ninety days of the bill becoming law.

Section two sets forth the effective date.

 
JUSTIFICATION:

Allowing certain Tier 3,5 and 6 correction lieutenants, captains, deputy
assistant superintendents and superintendents to become eligible to
receive benefits under Article 15 of the retirement and social security
law, would establish parity with those non-uniformed personnel who are
currently able to receive the preferred retirement benefit.

 
LEGISLATIVE HISTORY:

2015-16: S.1968-B Referred to Civil Service and Pensions
2013-14: S.3758-A/A.8933 Referred to Civil Service and Pensions/Referred
to Governmental Employees

 
FISCAL IMPLICATIONS:

Approximately $52.8 million in immediate past service costs for members
currently in these titles would be borne by the State of New York as a
one-time payment.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S4277A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4277--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 correction lieutenant, correction captain,
   deputy assistant superintendent or 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 and two new clauses (iii) and (iv) are added 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 CORRECTION LIEUTENANT,
 CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT IN
 INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY  SUPERVISION  AND  WHO  ELECTS THE RETIREMENT PLAN ESTABLISHED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01310-06-8

 S. 4277--A                          2
 
 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 CORRECTION LIEUTENANT, CORRECTION CAPTAIN, DEPUTY ASSISTANT
 SUPERINTENDENT OR SUPERINTENDENT; OR
   (IV)  A  PERSON  WHO  SERVES  IN  THE  TITLE OF CORRECTION LIEUTENANT,
 CORRECTION CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT ON
 THE EFFECTIVE DATE OF THIS CLAUSE AND WHO  ELECTS  THE  RETIREMENT  PLAN
 ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF THE EFFECTIVE
 DATE  OF  THIS  CLAUSE. 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  CORRECTION  LIEUTENANT,  CORRECTION
 CAPTAIN, DEPUTY ASSISTANT SUPERINTENDENT OR SUPERINTENDENT.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would allow certain Tier 3, 5 and 6 correction lieutenants,
 correction captains, deputy assistant  superintendents  and  superinten-
 dents under the jurisdiction of the department of corrections and commu-
 nity  supervision  of New York State to become eligible to receive bene-
 fits under the provisions of Article 15 of  the  Retirement  and  Social
 Security  Law  instead  of  the special plan giving 50% of final average
 salary at 25 years of service. Affected members would have 90 days  from
 the  later  of  the  effective date of this bill and their date of being
 appointed to one of the aforementioned titles to file for this  benefit.
 Such elections shall be irrevocable.
   If  this  bill  is  enacted during the 2018 legislative session, there
 will be an immediate past service cost for members  currently  in  these
 titles of approximately $52.8 million, which would be borne by the State
 of New York as a one-time payment. This estimate is based on the assump-
 tion that payment will be made on March 1, 2019.
   In addition to this cost, there would also be future costs for members
 who  are appointed to these titles and become eligible for this improved
 benefit in the future. 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 one time payments as they occur.
   This estimate is based on 627 members in these  titles  with  a  total
 annual  salary  of  approximately $67 million for the fiscal year ending
 March 31, 2017.
   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, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2017
 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 April 23, 2018, and intended for use only  during
 the  2018  Legislative  Session, is Fiscal Note No. 2018-88, prepared by
 the Actuary for the New York State and Local Retirement System.

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