What's happening
This bill creates an optional 25-year retirement program with enhanced benefits for New York City fire protection inspectors and associates.
Why it matters
Enhances retirement security and job attractiveness. for fire protection inspectors and associates by allowing them to retire after 25 years with a more generous pension, potentially helping New York City recruit and retain skilled personnel in these important public safety roles.
Requires higher personal contributions. from participating employees (an extra 6.25% of salary, on top of standard contributions), which means individuals must weigh a higher upfront cost in exchange for a better retirement benefit; this could affect take-home pay and financial planning for current and future inspectors.
Could increase long-term city costs. While employee contributions offset some expense, the city’s annual pension liability is projected to rise (by roughly $425,000/year according to the fiscal note), which might have implications for municipal budgets and taxpayers.
Aligns fire protection inspectors’ benefits with other uniformed services. By offering a special retirement track similar to those for police and firefighters, the bill recognizes the unique risks and responsibilities of these jobs, addressing long-standing calls for parity and fairness among city public safety professionals.
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Who cares
NYC fire protection inspectors and associate fire protection inspectors
Eligible members would gain a retirement option after 25 years of service with a benefit equal to 50% of final average salary, subject to additional employee contributions.
Newly hired fire inspectors over age 25
Those otherwise automatically enrolled in the new program would have 180 days to opt out.
New York City Employees’ Retirement System
NYCERS would administer enrollment, additional contributions, retirement benefits and rules for contribution refunds and loans.
New York City government
The bill’s fiscal note estimates an increase in annual employer pension contributions of approximately $425,000, excluding initial implementation costs.
Headline styles
Fire Inspectors Get 25-Year Retirement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5455a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Reported and committed to finance
- Referred to civil service and pensions
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.
Early Retirement for Fire Inspectors
In Assembly Committee · Governmental Employees · Sponsor Peter Abbate
Full text
21 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5455--A
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- 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 fire protection inspectors and associate fire protection inspectors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 fortyfive-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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09878-03-0
S. 5455--A 2
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 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.
§ 2. Subdivision a of section 445 of the retirement and social security law, as amended by chapter 476 of the laws of 2018, 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 or she is a police officer, an investigator member of the New York city employees' retirement system, firefighter, 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 worker, a special officer (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, an EMT member of the New York city employees' retirement system, a deputy sheriff member of the New York city employees' retirement system, a fire protection inspector 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
S. 5455--A 3
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 eighty-nine-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 eightynine-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-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 eightynine-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-
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five-a of this article, subdivision c of section four hundred fortyfive-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, 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 police officer or investigator member of the New York city employees' retirement system or a firefighter, 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 or she 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.
§ 3. 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 fire protection inspector 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. "Fire protection inspector member" shall mean (i) a member of the retirement system who is subject to the provisions of this article, who is employed by the city of New York or by the New York city fire department in a title whose duties are those of a fire protection inspector or associate fire protection inspector; and (ii) a member of the retirement system who, on the effective date of this section or thereafter, was employed by the city of New York or by the New York city fire department in a title whose duties are those of a fire protection inspector or associate fire protection inspector and who, subsequent thereto, became employed by the city of New York or by the New York city fire department in a title whose duties require the supervision of employees whose duties are those of a fire protection inspector or associate fire protection inspector.
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 fire protection inspector 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.
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.
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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.
9. "Credited service" for purposes of this section shall mean all service as a fire protection inspector member.
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 fire protection inspector 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 fire protection inspector 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 adminis- trative 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 fire protection inspectors and associate fire protection inspectors
Purpose or general idea of bill
To establish a 25-year retirement plan for fire protection inspectors who are members of the NYC employees retirement system
Summary of provisions
This bill would establish a 25-year retirement for fire protection inspectors, associate fire protection inspectors, and their supervisors who are uniformed fire service personnel and members of the New York City employee's retirement system. The plan would be optional for those who are fire protection inspectors, associate fire protection inspectors or their supervisors and members of the system on the effective date who can opt in by filing a form within 180 days. Any fire protection inspec- tor who becomes a NYCERS member at or under the age of 25 after the effective date will be mandated into the 25-year plan. Those over the age of 25 may opt out of the plan within 180 days of becoming a fire inspector.
Read the full memo (617 words)
The costs of the plan are paid for by required additional employee contributions of 6.25% of salary.
Justification
Fire protection inspectors and associate fire protection inspectors perform some of the most important jobs in New York City - inspecting and ensuring compliance with the fire code. This bill would afford these uniformed fire service personnel the opportunity to retire with a full pension after 25 years of service. It would grant them parity with other uniformed service personnel who perform essential tasks that mean the difference between life and death for New Yorkers -- police officers, firefighters, EMTs and other uniformed service employees.
Those who participate in the new pension program would be required to make additional member contributions of their earnings, which will cover the cost of the plan.
Thus, there is no fiscal impact to the City of New York in providing this well-deserved pension.
A number of other classes of employees currently enjoy analogous bene- fits. For example, sanitation workers, who are members of the New York City employee retirement system, are granted the option of participating in a program that allows them to retire after twenty years of service regardless of age. See N.Y.C. Admin. Code §§ 13159, 13-160; Ret. & Soc. Sec. L. § 445-b. Similarly, investigators, dispatchers, emergency medical technicians, special officers, parking control specialists, school safety agents, campus peace officers, and New York City taxi and limousine inspectors are granted the option of participating in a program that allows them to retire after twenty-five years of service. See N.Y.C. Admin. Code §§ 13-157.1, §§ 13-157.2, § 13-157.2, (n.b. there are two sections 13157.2.), and §§ 13-157.3. Corrections officers and housing police have similar benefits, as do others. See, e.g., N.Y.C. Admin. Code §§ 13-155, 13-156, 13157. Those opting to join the program are required to make additional contributions which are designed to pay for the benefits thereof.
The work performed by fire protection inspectors and associate fire protection inspectors is hazardous in nature and of special value to the residents of New York City. There is thus every reason they should be given analogous treatment of investigators, dispatchers, and the other professions mentioned above.
Prior legislative history
2019: S5455 - Referred to Civil Service and Pensions
2018: S6102B - Referred to Civil Service and Pensions
2017: S6102A - Referred to Civil Service and Pensions
2016: S7972 - Referred to Cities
Fiscal implications
See bill
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.