Authorizes Suffolk county correction officers to transfer certain retirement service credit

BILL NUMBER:S5383

Title of bill

An act to amend the retirement and social security law, in relation to allowing members of organized units of Suffolk county correction officers to transfer service credit from any New York state and local retirement system earned for service with the New York state department of mental hygiene

Purpose or general idea of bill

This bill would permit peace officers employed by the NYS Department of Mental Hygiene between 1984 and 1990 to transfer pension credit earned with the NYS Retirement System to the Retirement & Social Security Law §69-f pension plan established for Suffolk County Correction Officers.

Summary of specific provisions

The bill amends §89-f of the Retirement & Social Security Law (RSSL) to permit the credit transfer described above.

Justification

Several former NYS Correction Officers affected by the closing of NYS correctional facilities in Brentwood and elsewhere were re-employed off civil service preferred lists as special officers at the Pilgrim State psychiatric Center in Suffolk County. These officers subsequently left service at Pilgrim and were employed as Suffolk County Correction Officers eligible to retire after twenty-five years of service under RSSL §89-f. These officers have served years of unbroken service as peace officers and special officers and should be entitled to retire after twenty-five years of such service.

These individuals performed many of the duties of police and firefighters entitled to transfer credit to §89-f during their employment in the civil service title, Safety and Security Officer, Grade 12. In fact, their duties were far more hazardous and stressful than those of some other titles that have been granted the ability to transfer "up front" credit toward a twenty-five year retirement under §89-f. Despite this, the retirement system ruled In the Matter of the Application of Salvatore Canzoneri (2006) He. No. 04-565, that the existing provisions of RSSL §89-f did not permit this transfer of credit because the specific job title had been omitted regardless of the whether the duties performed were peace officer duties. This bill corrects the injustice of that decision for a small number of affected employees.

Prior legislative history

2009-10: S.5391 Civil Service and Pensions Cmte. 2007-08: Senate Civil Service and Pensions Cmte./Assembly Governmental Employees Cmte.

Fiscal implications

See fiscal note appended to bill.

Effective date

Immediately.