Allows certain members employed by division of parole to retire without reduction of benefits at 55 or older upon completing 25 or more years of service

Title of bill

An act to amend the retirement and social security law, in relation to retirement benefits for certain employees

Purpose

Creates a new alternative plan for Parole Officers. Under this plan, an officer who attains twenty-five years of service will be allowed to retire at 1/2 pay without regard to age.

Summary of provisions

Creates a new Section 89-x of the Retirement and Social Security Law. This section allows an alternative benefit to the existing benefits under Tiers 1-4. It would allow a member with 25 years of service as a peace officer in the Division of Parole to retire at any age with 25 years of service with a pension benefit of 50% of Final Average Salary. At the date of retirement, this benefit would automatically be compared to the benefit under current law for the member's tier, and the member would get whichever benefit is better.

Justification

This type of pension benefit is similar to that already given to many other groups of law enforcement officers. Parole Officers are peace officers under the Criminal Procedure Law, Section 2.10.

1. Parole Officers supervise paroled felons and are exposed to the same hazards and risks as other law enforcement officers. Their work requires a high degree of physical fitness and stress.

2. Parole Officers conduct street investigations and participate in making arrests when parolees violate the terms of parole.

3. Parole Officers are required to be armed and are trained in the use of firearms as part of their duties.

4. We know of at least two Parole Officers who were killed in the line of duty.

5. Parole Officers are presently covered by the standard New York State Retirement System plan. For most of them this does not allow retirement without penalty until age 62.

6. Parole Officers often work directly alongside other law enforcement officers who have a pension plan that allows retirement after 20 or 25 years.

Legislative history

2007-08: S.893-B/A.2806-A; 2006: S.2984B/A.7030B; 2005: S.2984/A.7030; 2003-04: S.835-A/A.1555-A; 2001-02: S.3224-B/A.6362-B; 1999-00: S.4790-A/A.7969-A; 1997-98: S.5017-A/A.9491; 1995-96: S.3581/A.6278; 1993-94: S.5151-A/A.10268; 1991-92: S.4132/A.6714; 1989-90: S.6187-B/A.8822, passed in Senate; 1987-88: S.6143/A.8162.

Fiscal implications

Enactment of this legislation would result in an increase of approximately $1.3 million in the annual contributions of the State of New York. In addition, there would be an immediate past service cost of approximately $15.4 million which would be borne by the State of New York. If this cost is amortized over a ten year period, the cost for the first year, including interest, would be approximately $2.1 million.

Effective date

This act shall take immediately, provided, however that the amendments to Sections 603 and 604 of the Retirement and Social Security Law made by Sections three and four of this act shall not affect the expiration of such sections and shall be deemed to expire therewith.