Relates to recalculation of earned benefits for certain members enrolled in an optional retirement plan

2 Co-sponsors

• Phil Boyle
• Kenneth P. LaValle

Title of bill

An act to amend the retirement and social security law, in relation to recalculation of earned benefits for certain members enrolled in an optional retirement plan

Purpose or general idea of bill

This bill will allow for the recalculation of earned retirement benefits for certain Suffolk county police officers, as is provided in the collective bargaining agreement as of January 1, 2011. Such officers must have separated from service prior to April 1, 2015 and will have their retirement benefit recalculated from their date of retirement as was originally agreed to.

Summary of specific provisions

This bill would add a new subsection (z) to the Retirement and Social Security Law to permit certain Suffolk county police officers to have their retirement benefit recalculated, consistent with the January 1, 2011 collectively bargained agreement.

Justification

In 2012, 2013 and 2014, the County of Suffolk negotiated contracts with the Patrolman's Benevolent Association (PBA), the Superior Officers Association (SOA), the Suffolk Detectives Association (SDA) and the District Attorney's Detective Investigators (DAIPBA).

These were negotiated contracts that took into consideration the County's then cash flow needs, as well as the need to settle contracts with bargaining units working without contracts since the end of 2010. Many deferrals and productivity increases were made part of this agreement, as labor and management worked together to both save the county money and at the same time reach a fair agreement.

Included in these contracts were deferrals related to compensatory time. However, if a member retired before April 1, 2015 the deferred compensatory time would be paid to the retiring member. It was the intent of the County and each bargaining unit that the payments for compensatory time be included in calculating the member's retirement. Subsequently, the New York state and local police and fire retirement system excluded the compensatory time payments in the retirement benefits of those members retiring before April 1, 2015. Thus, this special legislation is needed to carry out the intent of the County and the various PBA's in negotiating the contracts in 2012, 2013 and 2014.

Prior legislative history

None

Fiscal implications

see fiscal note

Effective date

This act shall take effect immediately.