Creates an optional twenty-year retirement plan for members of the New York state police and fire retirement system

BILL NUMBER:S7716

Title of bill

An act to amend the retirement and social security law, in relation to an optional twenty-year retirement plan for members of the New York state and local police and fire retirement system and to amend chapter 504 of the laws of 2009, amending the retirement and social security law relating to establishing police and fire retirement provisions, in relation to special retirement plans for members of the New York state police and fire retirement system

Purpose

This bill creates an optional twenty-year retirement plan for members of the New York state police and fire retirement system to ensure all firefighters in New York State are treated equally as it pertains to the enactment of the 2003 Tier V legislation.

Summary of provisions

Section 1 amends the Retirement and Social Security law by adding a new section 384-f to grant professional firefighters not subject to a collective bargaining agreement, the same rights as those subject to collective bargaining agreements with respect to electing an optional retirement plan pursuant to RSSL Section 384-d.

Section 2 amends Part A of Chapter 504 of the laws of 2009, by adding a new section 8-a, which provides that notwithstanding any other provision of law to the contrary any member of the New York state police and fire retirement system who became a member on or after July 1, 2009 and before January 10, 2010 may join a special retirement plan open to him or her pursuant to a collectively negotiated agreement with any state or local government employer, where such agreement was unexpired or expired but continued pursuant to section nine of the civil service law or after June 1, 2009 and before January 10, 2010.

Section 3 provides that notwithstanding any other provision of law to the contrary, section 25 of the retirement and social security law shall not apply to sections one and two of this act.

Section 4 provides that this act shall take effect immediately.

Justification

In 2009, the Legislature passed a new tier V pension bill for public employees. Tier V placed firefighters hired after January 2010 into the tier V plan. Those firefighters hired between July 1, 2005 and the effective date of Tier V (January 9, 2010) working under a current collective bargaining agreement were provided the opportunity to elect or remain in a noncontributory twenty year plan until the expiration of their respective contracts. This same protection was not afforded firefighters working without a collective bargaining agreement. For example, Buffalo professional firefighters have operated honorably without a new collective bargaining agreement since 2001.

This bill would afford the same opportunities to such professional firefighters as those working pursuant to a collective bargaining agreement. This bill would not apply to any member in Tier VI.

Legislative history

New Bill.

Fiscal implications

See fiscal note.

Effective date

This act shall take effect immediately.