What's happening
This bill allows certain correctional supervisors to opt into equal retirement benefits under Article 15 of the Retirement and Social Security Law.
Why it matters
Expands choice for correctional supervisors. The bill gives correction lieutenants, captains, deputy assistant superintendents, and superintendents a new option to join Article 15 retirement benefits, potentially offering them more favorable retirement terms compared to their current plan.
Creates a limited election window. Eligible employees must decide within 90 days of appointment (or 90 days from the law’s effective date, if already serving) whether to switch to the new retirement plan. This short window means affected employees need to make a potentially life-altering decision quickly.
Locks in retirement plan choice. Once a supervisor elects to join Article 15, the choice is irrevocable as long as they remain in the qualifying title, making the initial decision particularly significant for their long-term financial planning.
Substantial fiscal impact for the state. The bill would require a significant one-time payment by New York State—estimated at $52.8 million for current eligible employees—plus additional future costs as more supervisors become eligible, affecting state budgeting and financial planning.
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Who cares
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Equal Retirement for Corrections Staff
Plain English, a few words. Used as the page title.
Sponsors
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History
- Print number 7706a
- Amend and recommit to governmental employees
- Referred to governmental employees
- Reported referred to ways and means
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Equal Retirement for Corrections Staff
In Senate Committee · Civil Service And Pensions · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7706--A
2017-2018 Regular Sessions
IN ASSEMBLY
May 10, 2017
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to providing equal retirement benefits for persons who have been appointed to the title of correction lieutenant, correction captain, deputy assistant superintendent or superintendent in the department of corrections and community supervision
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of subdivision a of section 600 of the retirement and social security law, as amended by section 149 of subpart B of part C of chapter 62 of the laws of 2011, is amended and two new clauses (iii) and (iv) are added to read as follows:
(ii) a person who serves in the title of superintendent as of April first, two thousand six, who has had at least seven years of service credited toward the retirement plan established pursuant to this article while employed by the department of corrections and community supervision and who elects the retirement plan established pursuant to this article on or before September thirtieth, two thousand six. Such election shall be in writing, shall be duly executed and filed with the comptroller and shall be irrevocable as long as such person is in the title of superintendent[.]; or
(iii) a person who is appointed to the title of correction lieutenant, correction captain, deputy assistant superintendent or superintendent in institutions under the jurisdiction of the department of corrections and community supervision and who elects the retirement plan established pursuant to this article within ninety days of his or her appointment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01310-05-8
A. 7706--A 2
Such election shall be in writing, shall be duly executed and filed with the comptroller and shall be irrevocable as long as such person is in the title of correction lieutenant, correction captain, deputy assistant superintendent or superintendent; or
(iv) a person who serves in the title of correction lieutenant, correction captain, deputy assistant superintendent or superintendent on the effective date of this clause and who elects the retirement plan established pursuant to this article within ninety days of the effective date of this clause. Such election shall be in writing, shall be duly executed and filed with the comptroller and shall be irrevocable as long as such person is in the title of correction lieutenant, correction captain, deputy assistant superintendent or superintendent.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow certain Tier 3, 5 and 6 correction lieutenants,
correction captains, deputy assistant superintendents and superinten-
dents under the jurisdiction of the department of corrections and commu-
nity supervision of New York State to become eligible to receive bene-
fits under the provisions of Article 15 of the Retirement and Social
Security Law instead of the special plan giving 50% of final average
salary at 25 years of service. Affected members would have 90 days from
the later of the effective date of this bill and their date of being
appointed to one of the aforementioned titles to file for this benefit.
Such elections shall be irrevocable.
If this bill is enacted during the 2018 legislative session, there
will be an immediate past service cost for members currently in these
titles of approximately $52.8 million, which would be borne by the State
of New York as a one-time payment. This estimate is based on the assump-
tion that payment will be made on March 1, 2019.
In addition to this cost, there would also be future costs for members
who are appointed to these titles and become eligible for this improved
benefit in the future. These costs would depend on the age, service,
salary and tier of the affected members, and would be paid by the State
of New York as one time payments as they occur.
This estimate is based on 627 members in these titles with a total
annual salary of approximately $67 million for the fiscal year ending
March 31, 2017.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2017 actuarial valu-
ation. Distributions and other statistics can be found in the 2017
Report of the Actuary and the 2017 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, and 2017 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2017
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated April 23, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-88, prepared by
the Actuary for the New York State and Local Retirement System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.