Relates to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund

BILL NUMBER:S5548

Title of bill

An act to amend the administrative code of the city of New York, in relation to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund

Purpose

This bill will allow retired member from the Fire Department of the City Of New York (FDNY) to serve in elected office without loss or diminution of their retirement allowance from the City of New York.

Summary of provisions

Amends the administrative code of the city of New York by adding a new section 13-341.1 allowing for the continuance of retirement allowance upon election to office by retired members of the FNDY.

Existing law

Currently, retirees of FDNY may be subject to revocation, repeal or diminishment of their pension allowances upon election to public office.

Justification

Changes to various chapters of law and to the Administrative Code of the City of New York, have permitted active service and retired members of the uniform service of our state to serve in elected office without the harsh penalty faced retirees of the FDNY.

Section 13-250 of the Administrative Code of the City of New York allows for retired members of the New York City Police Department (NYPD) to service in elected office without revocation, repeal or diminishment of their retirement allowances. This legislation is identical to that which covers retirees from NYPD.

Chapter 573 of 1998 - allowed for active members of FDNY to hold elected office, providing that the Commissioner may require the member to take a leave of absence to service in the elected position.

Chapter 579 of 2005 provides for those who retired on disability from the New York State police and fire retirement system, who returns to gainful employment as a public official to receive the full amount of his or her retirement allowance. Additionally, the fiscal implications as appended to this chapter of law and produced by the actuary of the system deemed that the costs to the system would be negligible.

While anyone contemplating running for elective office needs to ways to pros and cons of such an endeavor, the State should provide a level playing field for all such candidates. The loss of a pension for some retired public servants and not for others sends the wrong message, particularly when these people have served the public in similar capacities through their public careers.

Legislative history

New Legislation in 2013 Session

State and local fiscal implications

Negligible

Effective date

Immediately