What's happening
This bill creates a 25-year retirement program with enhanced benefits for New York City water supply police officers.
Why it matters
Increased Retirement Security for Water Supply Police. By allowing retirement after 25 years with a pension equal to 50% of final average salary (plus 2% for each year up to 30 years), the bill gives water supply police a retirement structure similar to other New York City uniformed services, potentially improving retention and morale in these specialized roles.
Stronger Recruitment and Retention Tools. The enhanced benefits may help the city attract and keep qualified water supply police officers, who perform crucial public safety functions protecting the city’s water infrastructure—a vital resource for millions.
Employee and Employer Financial Impact. To fund the improved benefits, participants must contribute an additional 6% of salary, which is “picked up” by the employer for tax deferral purposes. This shifts some pension costs to employees, but the city’s annual pension liabilities will also rise (estimated at $259,000/year more for 53 members), affecting city budgeting.
Targeted Eligibility and Optional Participation. Current and future water supply police can opt into the program (with some mandatory provisions for new hires), but must file within 180 days. This ensures only those who see personal benefit will join, potentially limiting the city’s long-term pension exposure while still offering a valuable benefit to those who need it most.
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Who cares
NYC water supply police officers
Eligible NYCERS members would gain a retirement program offering 50% of final average salary after 25 years of credited service, with additional member contributions of 6% of compensation.
New water supply police hires
Members newly subject to Article 15 would automatically enter the program, but those over age 30 when hired could opt out within 180 days.
New York City Employees’ Retirement System
NYCERS would administer participation elections, additional contributions, retirement benefits, loans and refunds under the new programs.
New York City government
The city would implement payroll contribution pickups and face increased pension costs, with the fiscal note estimating an initial annual employer contribution increase of approximately $259,000.
Headline styles
Early Retirement for Water Police
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1393
- Print number 6573a
- Amend (t) and recommit to civil service and pensions
- Referred to civil service and pensions
- Referred to rules
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.
Allow Water Police 25-Year Retirement
In Assembly Committee · Governmental Employees · Sponsor Michael Cusick
Full text
20 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6573--A
2017-2018 Regular Sessions
IN SENATE
June 5, 2017
Introduced by Sens. GOLDEN, BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law and the administrative code of the city of New York, in relation to the establishment of twenty-five year retirement programs for members of the New York city employees' retirement system employed as water supply police; and in relation to providing for employer pick up, pursuant to provisions of the internal revenue code, of certain additional member contributions required to be made by certain participants in the twenty-five year retirement programs; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision b of section 440 of the retirement and social security law, as amended by chapter 682 of the laws of 2003, is amended to read as follows:
b. The provisions of this article shall not be construed to extend coverage to an employee not otherwise eligible for membership in a retirement system or to provide an increase in benefits to a member of a retirement system other than as provided by section four hundred fortyfive-d, or section four hundred forty-five-f, [or] section four hundred forty-five-h, section four hundred forty-five-j, or section four hundred forty-eight of this article.
§ 2. Subdivision a of section 444 of the retirement and social security law, as amended by section 141 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
a. Except as provided in subdivision c of section four hundred fortyfive-a of this article, subdivision c of section four hundred forty-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11156-04-8
S. 6573--A 2
five-b of this article, subdivision c of section four hundred fortyfive-c of this article, subdivision c of section four hundred forty-five-d of this article as added by chapter four hundred seventytwo of the laws of nineteen hundred ninety-five, subdivision c of section four hundred forty-five-e of this article, subdivision c of section four hundred forty-five-f of this article and subdivision c of section four hundred forty-five-h of this article, and subdivision c of section four hundred forty-five-j of this article, the maximum retirement benefit computed without optional modification provided to a member of a retirement system who is subject to the provisions of this article, other than a police officer, a firefighter, an investigator member of the New York city employees' retirement system, a member of the uniformed personnel in institutions under the jurisdiction of the New York city department of correction who receives a performance of duty disability retirement allowance, a member of the uniformed personnel in institutions under the jurisdiction of the department of corrections and community supervision or a security hospital treatment assistant, as those terms are defined in subdivision i of section eighty-nine of this chapter, who receives a performance of duty disability retirement allowance, a member of a teachers' retirement system, New York city employees' retirement system, New York city board of education retirement system or a member of the New York state and local employees' retirement system or a member of the New York city employees' retirement system or New York city board of education retirement system employed as a special officer, parking control specialist, school safety agent, campus peace officer, taxi and limousine inspector [or], a police communications member, or a member of the water supply police and who receives a performance of duty disability pension, from funds other than those based on a member's own or increased-take-home-pay contributions, shall, before any reduction for early retirement, be sixty per centum of the first fifteen thousand three hundred dollars of final average salary, and fifty per centum of final average salary in excess of fifteen thousand three hundred dollars, and forty per centum of final average salary in excess of twenty-seven thousand three hundred dollars, provided, however, that the benefits provided by subdivision c of section four hundred forty-five-d of this article as added by chapter four hundred seventy-two of the laws of nineteen hundred ninety-five based upon the additional member contributions required by subdivision d of such section four hundred forty-five-d shall be subject to the maximum retirement benefit computations set forth in this section. The maximum retirement benefit computed without optional modification payable to a police officer, an investigator member of the New York city employees' retirement system or a firefighter shall equal that payable upon completion of thirty years of service, except that the maximum service retirement benefit computed without optional modification shall equal that payable upon completion of thirty-two years of service.
§ 3. Subdivision a of section 445 of the retirement and social security law, as amended by chapter 295 of the laws of 2007, is amended to read as follows:
a. No member of a retirement system who is subject to the provisions of this article shall retire without regard to age, exclusive of retirement for disability, unless he is a policeman, an investigator member of the New York city employees' retirement system, fireman, correction officer, a qualifying member as defined in section eighty-nine-t, as added by chapter six hundred fifty-seven of the laws of nineteen hundred ninety-eight, of this chapter, sanitation man, a special officer
S. 6573--A 3
(including persons employed by the city of New York in the title urban park ranger or associate urban park ranger), school safety agent, campus peace officer or a taxi and limousine commission inspector member of the New York city employees' retirement system or the New York city board of education retirement system, a dispatcher member of the New York city employees' retirement system, a police communications member of the New York city employees' retirement system, a member of the water supply police in a position referred to in paragraph (o) of subdivision thirty-four of section 1.20 of the criminal procedure law, an EMT member of the New York city employees' retirement system, a deputy sheriff member of the New York city employees' retirement system, a correction officer of the Westchester county correction department as defined in section eighty-nine-e of this chapter or employed in Suffolk county as a peace officer, as defined in section eighty-nine-s, as added by chapter five hundred eighty-eight of the laws of nineteen hundred ninety-seven, of this chapter, employed in Suffolk county as a correction officer, as defined in section eighty-nine-f of this chapter, or employed in Nassau county as a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in section eightynine-g of this chapter, or employed in Nassau county as an ambulance medical technician, an ambulance medical technician/supervisor or a member who performs ambulance medical technician related services, as defined in section eighty-nine-s, as amended by chapter five hundred seventy-eight of the laws of nineteen hundred ninety-eight, of this chapter, or employed in Nassau county as a peace officer, as defined in section eighty-nine-s, as added by chapter five hundred ninety-five of the laws of nineteen hundred ninety-seven, of this chapter, or employed in Albany county as a sheriff, undersheriff, deputy sheriff, correction officer or identification officer, as defined in section eighty-nine-h of this chapter or is employed in St. Lawrence county as a sheriff, undersheriff, deputy sheriff or correction officer, as defined in section eighty-nine-i of this chapter or is employed in Orleans county as a sheriff, undersheriff, deputy sheriff or correction officer, as defined in section eighty-nine-l of this chapter or is employed in Jefferson county as a sheriff, undersheriff, deputy sheriff or correction officer, as defined in section eighty-nine-j of this chapter or is employed in Onondaga county as a deputy sheriff-jail division competitively appointed or as a correction officer, as defined in section eighty-nine-k of this chapter or is employed in a county which makes an election under subdivision j of section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy sheriff or correction officer as defined in such section eighty-nine-p or is employed in Broome County as a sheriff, undersheriff, deputy sheriff or correction officer, as defined in section eighty-nine-m of this chapter or is a Monroe county deputy sheriff-court security, or deputy sheriff-jailor as defined in section eighty-nine-n, as added by chapter five hundred ninety-seven of the laws of nineteen hundred ninety-one, of this chapter or is employed in Greene county as a sheriff, undersheriff, deputy sheriff or correction officer, as defined in section eighty-nine-o of this chapter or is a traffic officer with the town of Elmira as defined in section eighty-nine-q of this chapter or is employed by Suffolk county as a park police officer, as defined in section eighty-nine-r of this chapter or is a peace officer employed by a county probation department as defined in section eighty-nine-t, as added by chapter six hundred three of the laws of nineteen hundred ninety-eight, of this chapter or is employed in Rockland county as a deputy sheriff-civil as defined in section eighty-
S. 6573--A 4
nine-v of this chapter as added by chapter four hundred forty-one of the laws of two thousand one, or is employed in Rockland county as a superior correction officer as defined in section eighty-nine-v of this chapter as added by chapter five hundred fifty-six of the laws of two thousand one or is a paramedic employed by the police department in the town of Tonawanda and retires under the provisions of section eighty-nine-v of this chapter, as added by chapter four hundred seventy-two of the laws of two thousand one, or is a county fire marshal, supervising fire marshal, fire marshal, assistant fire marshal, assistant chief fire marshal or chief fire marshal employed by the county of Nassau as defined in section eighty-nine-w of this chapter and is in a plan which permits immediate retirement upon completion of a specified period of service without regard to age. Except as provided in subdivision c of section four hundred forty-five-a of this article, subdivision c of section four hundred forty-five-b of this article, subdivision c of section four hundred forty-five-c of this article, subdivision c of section four hundred forty-five-d of this article, subdivision c of section four hundred forty-five-e of this article, subdivision c of section four hundred forty-five-f of this article [and], subdivision c of section four hundred forty-five-h of this article, and subdivision c of section four hundred forty-five-j of this article, a member in such a plan and such an occupation, other than a policeman or investigator member of the New York city employees' retirement system or a fireman, shall not be permitted to retire prior to the completion of twenty-five years of credited service; provided, however, if such a member in such an occupation is in a plan which permits retirement upon completion of twenty years of service regardless of age, he may retire upon completion of twenty years of credited service and prior to the completion of twenty-five years of service, but in such event the benefit provided from funds other than those based on such a member's own contributions shall not exceed two per centum of final average salary per each year of credited service.
§ 4. The retirement and social security law is amended by adding a new section 445-j to read as follows:
§ 445-j. Optional twenty-five year improved benefit retirement program for water supply police members. a. Definitions. The following words and phrases as used in this section shall have the following meanings unless a different meaning is plainly required by the context.
1. "Retirement system" shall mean the New York city employees' retirement system.
2. "Water supply police member" shall mean a member of the retirement system who is subject to the provisions of this article, who is employed by the city of New York in a position referred to by paragraph (o) of subdivision thirty-four of section 1.20 of the criminal procedure law.
3. "Twenty-five year improved benefit retirement program" shall mean all the terms and conditions of this section.
4. "Starting date of the twenty-five year improved benefit retirement program" shall mean the effective date of this section, as such date is certified pursuant to section forty-one of the legislative law.
5. "Participant in the twenty-five year improved benefit retirement program" shall mean any water supply police member who, under the applicable provisions of subdivision b of this section, is entitled to the rights, benefits and privileges and is subject to the obligations of the twenty-five year improved benefit retirement program, as applicable to him or her.
S. 6573--A 5
6. "Administrative code" shall mean the administrative code of the city of New York.
7. "Accumulated deductions" shall mean accumulated deductions as defined in subdivision eleven of section 13-101 of the administrative code.
8. "Optional retirement provisions" shall mean the right to retire and receive a retirement allowance under this section upon the completion of twenty-five years of credited service.
b. Election of twenty-five year improved benefit retirement program. 1. Subject to the provisions of paragraphs five and six of this subdivision, any person who is a water supply police member on the starting date of the twenty-five year improved benefit retirement program may elect to become a participant in the twenty-five year improved benefit retirement program by filing, within one hundred eighty days after such starting date, a duly executed application for such participation with the retirement system, provided he or she is such a water supply police member on the date such application is filed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law and the administrative code of the city of New York, in relation to the establishment of twenty-five year retirement programs for members of the New York city employees' retirement system employed as water supply police; and in relation to providing for employer pick up, pursuant to provisions of the internal revenue code, of certain additional member contributions required to be made by certain participants in the twen- ty-five year retirement programs; and providing for the repeal of certain provisions upon expiration thereof
Purpose or general idea of bill
To provide water supply police members of the New York City employees' retirement system optional participation in the WSP 25-year plan.
Summary of specific provisions
The legislation would amend certain provisions of the Retirement and Social Security law and the Administrative Code of the City of New York, and add to the Retirement and Social Security law, sections 445-j and 604-j to establish a 25-year retirement program for Tier 2, 4 and 6 members of the New York City Employees' Retirement System who are employed in the title of Water Supply Police (WSP 25- Year Plan).
Read the full memo (606 words)
Justification
Currently Water Supply Police members participate in one of the NYCERS general plans. Basic Tier 4 62/5 Plan, Tier 6 63/10 Plan or Improved Tier 4 57/5. 55/25 Plans. This legislation would provide for a service retirement benefit upon obtaining 25 years of any NYCERS credited service, including service as a New York City Water Supply Police member a benefit equal to 50% of the Final Average Salary for the first 25 years of credited service, plus 2% of the Final Average Salary for each additional year of credited service up to a maximum of 30 years of such service. In addition, members of the proposed WSP 25 year plan are enti- tled to the same disability and death benefits as other Tier 4 and 6 members under the respective plans.
The water supply police are the law enforcement entity for the New York City Department of Environmental Protection that is responsible for the protection of the New York City water supply and the associated critical infrastructure from terrorism, pollution and crime. New York City's water supply provides more than one billion gallons of water each day to more than nine million residents, including eight million in New York City.
Police officers, in general, have one of the highest rates of heart disease, high blood pressure, stress and other health related problems. The physical deterioration and emotional stress, which police officers encounter, is evidence of the necessity to maintain a young and vigorous force. As such, a service-based retirement plan (as opposed to an age- based plan) provides the ability for such officers to retire after a specified number of years, which, in turn, allows the hiring of younger individuals. This legislation will accomplish the goal of maintaining a younger police force that correspond to the demands of the job.
In the past a significant number of officers have left service for other police departments over this retirement issue. It is anticipated that this "train and transfer" dilemma will increase as current hires would have to wait until age 63 to retire under recent amendments to the New York City Employees' Retirement System.
It is only fitting that this legislation be enacted to give them parity with other police force members who are in 25-year retirement plans.
Prior legislative history
2017: A.8269/S.6573 - referred to Governmental Employees/Civil Service and Pensions.
Fiscal implications
See the bill.
Effective date
This act shall take place immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.