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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

Bill Text - A03340

S T A T E   O F   N E W   Y O R K
________________________________________________________________________
3340--A
2005-2006 Regular Sessions
I N  A S S E M B L Y
February 1, 2005
___________
Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
tee on Governmental Employees  --  recommitted  to  the  Committee  on
Governmental  Employees  in accordance with Assembly Rule 3, sec. 2 --
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
retirement and benefits for certain employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
1    Section  1. Paragraph 2 of subdivision a of section 600 of the retire-
2  ment and social security law, as amended by chapter 370 of the  laws  of
3  1996, is amended to read as follows:
4    2. Members in the uniformed personnel in institutions under the juris-
5  diction  of  the  department  of correctional services of New York state
6  UNLESS AN ELECTION IS MADE PURSUANT TO SECTION SEVEN HUNDRED ONE OF THIS
7  CHAPTER or the New York city department of correction;
8    S 2. The article heading of article 17 of the  retirement  and  social
9  security law, as added by chapter 578 of the laws of 1989, is amended to
10  read as follows:
11                    ELECTION OF ARTICLE FOURTEEN OR FIFTEEN
12    S 3. Subdivision c of section 700 of the retirement and social securi-
13  ty  law, as added by chapter 578 of the laws of 1989, is amended to read
14  as follows:
15    c. {Such} EXCEPT AS PROVIDED IN SECTION  SEVEN  HUNDRED  ONE  OF  THIS
16  ARTICLE,  SUCH  election shall be in writing, shall be duly executed and
17  filed with the comptroller and shall be  irrevocable  as  long  as  such
18  member  is in a title defined in subdivision i of section eighty-nine of
19  this chapter. The election shall be filed on or before December  thirty-
20  first, nineteen hundred eighty-nine or within one year after such person
21  becomes employed in such title, whichever date is later.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD04238-03-5
A. 3340--A                          2
1    S 4. The retirement and social security law is amended by adding a new
2  section 701 to read as follows:
3    S  701.  ELECTION  OF  THE  PROVISIONS  OF  ARTICLE FIFTEEN BY CERTAIN
4  MEMBERS.  A. THIS SECTION SHALL APPLY TO A MEMBER OF THE NEW YORK  STATE
5  AND  LOCAL  EMPLOYEES`  RETIREMENT  SYSTEM  WHO  JOINED OR REJOINED SUCH
6  SYSTEM ON OR AFTER JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX AND
7  WHO IS IN A TITLE DEFINED IN SUBDIVISION I  OF  SECTION  EIGHTY-NINE  OF
8  THIS CHAPTER.
9    B.  A  MEMBER MAY, BY FILING AN ELECTION AS SPECIFIED IN SUBDIVISION C
10  OF THIS SECTION, ELECT TO HAVE HIS OR HER RETIREMENT BENEFITS CALCULATED
11  AND RETIRE PURSUANT TO ARTICLE FIFTEEN OF THIS CHAPTER.
12    C. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED
13  WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE. SUCH  ELECTION  SHALL  BE
14  MADE PRIOR TO SERVICE RETIREMENT FOR ANY MEMBER ELIGIBLE PURSUANT TO THE
15  PROVISIONS OF SUBDIVISION A OF THIS SECTION.
16    S  5. This act shall take effect immediately provided that paragraph 2
17  of subdivision a of section 600 of the retirement  and  social  security
18  law  as amended by section one of this act shall expire on the same date
19  as such section expires pursuant to section 615 of such law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Tier 3 State Correction Officers and Tier 3  and
4  Security  Hospital Treatment Assistants to become eligible to receive
benefits under the provisions of Article 15 of the Retirement and Social
Security Law in addition to the half-pay plan at 25 years benefit.
If this bill is enacted, there will be an immediate past service  cost
of  approximately  $70  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, 2007.
There will not be an increase in the annual contributions of the State
of New York for the fiscal year ending March 31, 2007.
These  estimated  costs  are  based  on  twenty-one thousand and seven
hundred and twenty-one (21,721) Tier 3 Correction Officers and  Security
Hospital Treatment Assistants with a total annual salary of approximate-
ly $1.1 billion for the fiscal year ending March 31, 2005.
This  estimate,  dated  December  15,  2005  and intended for use only
during the  2006  Legislative  Session,  is  Fiscal  Note  No.  2006-94,
prepared  by  the  Actuary  for  the New York State and Local Employees`
Retirement System.
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