S 7866: Establishes a twenty-two year retirement program for deputy sheriff members who are employed by the city of New York as a deputy city sheriff level one, deputy city sheriff level two, supervising deputy sheriff or administrative sheriff.

  
  STATE OF NEW YORK ________________________________________________________________________ 7866 2025-2026 Regular Sessions  IN SENATE May 12, 2025 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to establishing a twenty-two year retirement program for deputy sheriff members The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5, 7, 12 and 17 of section 501 of the retire- 2 ment and social security law, subdivisions 5, 12 and 17 as amended by 3 chapter 18 of the laws of 2012, subdivision 7 as amended by chapter 457 4 of the laws of 2017, are amended to read as follows: 5 5. "Early retirement age" shall mean age fifty-five, for general 6 members, and the age on which a member completes or would have completed 7 twenty years of service, for police/fire members, New York city 8 uniformed correction/sanitation revised plan members [and], investigator 9 revised plan members and New York city deputy sheriff revised plan 10 members. 11 7. "Eligible beneficiary" for the purposes of section five hundred 12 nine of this article shall mean the following persons or classes of 13 persons in the order set forth: (a) a surviving spouse who has not 14 renounced survivorship rights in a separation agreement, until remar- 15 riage, (b) surviving children until age twenty-five, (c) dependent 16 parents, determined under regulations promulgated by the comptroller, 17 (d) any other person who qualified as a dependent on the final federal 18 income tax return of the member or the return filed in the year imme- 19 diately preceding the year of death, until such person reaches twenty- 20 one years of age, (e) with respect to members of the New York city 21 employees' retirement system (other than a New York city uniformed 22 correction/sanitation revised plan member [or], an investigator revised 23 plan member or a New York city deputy sheriff revised plan member) and 24 the board of education retirement system of the city of New York, a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10888-02-5 
 S. 7866 2 1 person whom the member shall have nominated in the form of a written 2 designation, duly acknowledged and filed with the head of the retirement 3 system for the purpose of section five hundred eight of this article. In 4 the event that a class of eligible beneficiaries consists of more than 5 one person, benefits shall be divided equally among the persons in such 6 class. For the purposes of section five hundred eight of this article 7 the term "eligible beneficiary" shall mean such person as the member 8 shall have nominated to receive the benefits provided in this article. 9 To be effective, such a nomination must be in the form of a written 10 designation, duly acknowledged and filed with the head of the retirement 11 system for this specific purpose. In the event such designated benefici- 12 ary does not survive [him] such member, or if [he] such member shall not 13 have so designated a beneficiary, such benefits shall be payable to the 14 deceased member's estate or as provided in section one thousand three 15 hundred ten of the surrogate's court procedure act and (f) notwithstand- 16 ing any other provisions of law, "eligible beneficiary" of a New York 17 city uniformed sanitation revised plan member for the purposes of 18 section five hundred nine of this article shall mean the following 19 persons or classes of persons in the order set forth: (i) a surviving 20 spouse who has not renounced survivorship rights in a separation agree- 21 ment, (ii) surviving children until age twenty-five, (iii) dependent 22 parents, determined under regulations promulgated by the comptroller and 23 (iv) any other person who qualified as a dependent on the final federal 24 income tax return of the member or the return filed in the year imme- 25 diately preceding the year of death, until such person reaches twenty- 26 one years of age. 27 12. "General member" shall mean a member subject to the provisions of 28 this article who is not a police/fire member, a New York city uniformed 29 correction/sanitation revised plan member [or], an investigator revised 30 plan member or a New York city deputy sheriff revised plan member. 31 17. "Normal retirement age" shall be age sixty-two, for general 32 members, and the age at which a member completes or would have completed 33 twenty-two years of service, for police/fire members, New York city 34 uniformed correction/sanitation revised plan members [and], investigator 35 revised plan members and New York city deputy sheriff revised plan 36 members. 37 § 2. Section 501 of the retirement and social security law is amended 38 by adding a new subdivision 29 to read as follows: 39 29. "New York city deputy sheriff revised plan member" shall mean a 40 member who is performing the duties of a deputy sheriff in the New York 41 city sheriff's department and who makes an election pursuant to section 42 five hundred four-e of this article to become a participant in the New 43 York city deputy sheriff revised plan. 44 § 3. Subdivisions c and d of section 503 of the retirement and social 45 security law, as amended by chapter 18 of the laws of 2012, are amended 46 to read as follows: 47 c. A general member shall be eligible for early service retirement at 48 age fifty-five with five years of credited service. A general member in 49 the uniformed correction force of the New York city department of 50 correction, who is not eligible for early service retirement pursuant to 51 subdivision c of section five hundred four-a of this article or subdivi- 52 sion c of section five hundred four-b of this article or subdivision c 53 of section five hundred four-d of this article, or a general member in 54 the uniformed personnel in institutions under the jurisdiction of the 55 department of corrections and community supervision, as defined in 56 subdivision i of section eighty-nine of this chapter or serving in 
 S. 7866 3 1 institutions who is also in a title defined in such subdivision and who 2 has made an election pursuant to the provisions of article seventeen of 3 this chapter, shall also be eligible for early service retirement after 4 twenty-five years of credited service, provided, however, that the 5 provisions of this subdivision and subdivision a of this section shall 6 not apply to a New York city uniformed correction/sanitation revised 7 plan member [or], an investigator revised plan member or a New York city 8 deputy sheriff revised plan member. 9 d. The normal service retirement benefit specified in section five 10 hundred five of this article shall be paid to police/fire members, New 11 York city uniformed correction/sanitation revised plan members [and], 12 investigator revised plan members and New York city deputy sheriff 13 revised plan members without regard to age upon retirement after twen- 14 ty-two years of service. Early service retirement shall be permitted 15 upon retirement after twenty years of credited service or attainment of 16 age sixty-two, provided, however, that New York city police/fire revised 17 plan members, New York city uniformed correction/sanitation revised plan 18 members [and], investigator revised plan members and New York city depu- 19 ty sheriff revised plan members shall not be eligible to retire for 20 service prior to the attainment of twenty years of credited service. 21 § 4. The retirement and social security law is amended by adding a new 22 section 504-e to read as follows: 23 § 504-e. Twenty-two year retirement program for deputy sheriff 24 members. a. Definitions. The following words and phrases as used in 25 this section shall have the following meanings unless a different mean- 26 ing is plainly required by the context. 27 1. "Deputy sheriff" shall mean a member who is employed by the city of 28 New York as a deputy city sheriff level one, deputy city sheriff level 29 two, supervising deputy sheriff or administrative sheriff. 30 2. "Twenty-two year retirement program" shall mean all the terms and 31 conditions of this section. 32 3. "Starting date of the twenty-two year retirement program" shall 33 mean the effective date of this section, as such date is certified 34 pursuant to section forty-one of the legislative law. 35 4. "Participant in the twenty-two year retirement program" shall mean 36 any deputy sheriff member who, under the applicable provisions of subdi- 37 vision b of this section, is entitled to the rights, benefits and privi- 38 leges and is subject to the obligations of the twenty-two year retire- 39 ment program, as applicable to such member. 40 5. "Discontinued member" shall mean a participant in the twenty-two 41 year retirement program who, while such member was a deputy sheriff 42 member, discontinued service as such a member and has a right to a 43 deferred vested benefit under subdivision d of this section. 44 b. Participation in the twenty-two year retirement program. 1. Subject 45 to the provisions of paragraphs five and six of this subdivision and 46 notwithstanding any provision of law to the contrary, any person who is 47 a deputy sheriff member on the starting date of the twenty-two year 48 retirement program may elect to become a participant in the twenty-two 49 year retirement program by filing, within one hundred eighty days after 50 the starting date of the twenty-two year retirement program, a duly 51 executed application for such participation with the retirement system 52 of which such person is a member, provided such person is a deputy sher- 53 iff member on the date such application is filed. 54 2. Subject to the provisions of paragraphs five and six of this subdi- 55 vision and notwithstanding any provision of law to the contrary, any 56 person who becomes a deputy sheriff member after the starting date of 
 S. 7866 4 1 the twenty-two year retirement program, may elect to become a partic- 2 ipant in the twenty-two year retirement program by filing, within one 3 hundred eighty days after becoming such a deputy sheriff member, a duly 4 executed application for such participation with the retirement system 5 for which such person is a member, provided such person is such a deputy 6 sheriff member on the date such application is filed. 7 3. Any election to be a participant in the twenty-two year retirement 8 program shall be irrevocable. 9 4. Where any participant in the twenty-two year retirement program 10 shall cease to be employed by the city of New York as a deputy sheriff 11 member, such person shall cease to be a participant and, during any 12 period in which such member is not so employed, such member shall not be 13 a participant in the twenty-two year retirement program and shall not be 14 eligible for the benefits of subdivision c of this section. 15 5. Where any participant in the twenty-two year retirement program 16 terminates service as a deputy sheriff member and returns to such 17 service as a deputy sheriff member at a later date, such member shall 18 again become such a participant on that date. 19 6. Notwithstanding any other provision of law to the contrary, any 20 person who is eligible to elect to become a participant in the twenty- 21 two year retirement program pursuant to paragraph one or two of this 22 subdivision for the full one hundred eighty day period provided for in 23 such applicable paragraph and who fails to timely file a duly executed 24 application for such participation with the retirement system, shall not 25 thereafter be eligible to become a participant in such program. 26 7. Notwithstanding any provision of law to the contrary, no member 27 electing to participate in the twenty-two year retirement program shall 28 be entitled to a refund of any contributions made prior to the effective 29 date of such election. 30 c. Service retirement benefits. A participant in the twenty-two year 31 retirement program who: 32 1. has completed twenty or more years of credited service; and 33 2. who has paid, before the effective date of retirement, all addi- 34 tional member contributions and interest (if any) required by subdivi- 35 sion e of this section; and 36 3. who files with the retirement system of which such person is a 37 member an application for service retirement setting forth at what time, 38 not less than thirty days subsequent to the execution and filing there- 39 of, such member desires to be retired; and 40 4. who shall be a participant in the twenty-two year retirement 41 program at the time so specified for such person's retirement; shall be 42 retired pursuant to the provisions of section five hundred five of this 43 article. 44 d. Vesting. 1. A participant in the twenty-two year retirement 45 program: 46 (i) who discontinues service as such a participant, other than by 47 death or retirement; and 48 (ii) who prior to such discontinuance, completed five but less than 49 twenty years of credited service; and 50 (iii) who, subject to the provisions of paragraph seven of subdivision 51 e of this section, has paid, prior to such discontinuance, all addi- 52 tional member contributions and interest (if any) required by subdivi- 53 sion e of this section; and 54 (iv) who does not withdraw in whole or in part such participant's 55 accumulated member contributions pursuant to section five hundred seven- 56 teen of this article unless such participant thereafter returns to 
 S. 7866 5 1 public service and repays the amounts so withdrawn, together with inter- 2 est, pursuant to such section five hundred seventeen shall be entitled 3 to receive a deferred vested benefit. 4 2. (i) Upon such discontinuance under the conditions and in compliance 5 with the provisions of paragraph one of this subdivision, such deferred 6 vested benefit shall vest automatically. 7 (ii) Such vested benefit shall become payable on the earliest date on 8 which such discontinued member could have retired for service if such 9 discontinuance had not occurred. 10 3. Subject to the provisions of paragraph seven of subdivision e of 11 this section, such deferred vested benefit shall be a retirement allow- 12 ance as provided for in section five hundred sixteen of this article. 13 e. Additional member contributions. 1. In addition to the member 14 contributions required by section five hundred seventeen of this arti- 15 cle, each participant in the twenty-two year retirement program shall 16 contribute to the retirement system of which such participant is a 17 member (subject to subdivision j of section five hundred seventeen of 18 this article) an additional six and three-quarters percent of such 19 participant's compensation earned from (i) all credited service, as a 20 participant in the twenty-two year retirement program, rendered on or 21 after the starting date of such member's participation in the twenty-two 22 year retirement program, and (ii) all credited service after such person 23 ceases to be a participant, but before such participant again becomes a 24 participant pursuant to paragraph five of subdivision b of this section. 25 2. A participant in the twenty-two year retirement program shall 26 contribute additional member contributions until the later of (i) the 27 first anniversary of the starting date of the twenty-two year retirement 28 program, or (ii) the date on which such participant completes thirty 29 years of credited service as a deputy sheriff member. 30 3. Commencing with the first full payroll period after each person 31 becomes a participant in the twenty-two year retirement program, addi- 32 tional member contributions at the rate specified in paragraph one of 33 this subdivision shall be deducted (subject to subdivision j of section 34 five hundred seventeen of this article) from the compensation of such 35 participant on each and every payroll of such participant for each and 36 every payroll period for which such person is such a participant. 37 4. (i) Each participant in the twenty-two year retirement program 38 shall be charged with a contribution deficiency consisting of the total 39 amounts of additional member contributions such person is required to 40 make pursuant to paragraphs one and two of this subdivision which are 41 not deducted from their compensation pursuant to paragraph three of this 42 subdivision, if any, together with interest thereon, compounded annual- 43 ly, and computed in accordance with the provisions of subparagraphs (ii) 44 and (iii) of this paragraph. 45 (ii) (A) The interest required to be paid on each such amount speci- 46 fied in subparagraph (i) of this paragraph shall accrue from the end of 47 the payroll period for which such amount would have been deducted from 48 compensation if such person had been a participant at the beginning of 49 that payroll period and such deduction had been required for such 50 payroll period, until such amount is paid to the retirement system. 51 (B) The rate of interest to be applied to each such amount during the 52 period for which interest accrues on that amount shall be equal to the 53 rate or rates of interest required by law to be used during that same 54 period to credit interest on the accumulated deductions of retirement 55 system members. 
 S. 7866 6 1 (iii) Except as otherwise provided in paragraph five of this subdivi- 2 sion, no interest shall be due on any unpaid additional member contrib- 3 utions which are not attributable to a period prior to the first full 4 payroll period referred to in paragraph three of this subdivision. 5 5. (i) Should any person who, pursuant to subparagraph (ii) of para- 6 graph ten of this subdivision, has received a refund of their additional 7 member contributions including any interest paid on such contributions, 8 again become a participant in the twenty-two year retirement program 9 pursuant to paragraph six of subdivision b of this section, an appropri- 10 ate amount shall be included in such participant's contribution defi- 11 ciency (including interest thereon as calculated pursuant to subpara- 12 graph (ii) of this paragraph) for any credited service for which such 13 person received a refund of such additional member contributions 14 (including any amount of an unpaid loan balance deemed to have been 15 returned to such person pursuant to this subdivision), as if such addi- 16 tional member contributions never had been paid. 17 (ii)(A) Interest on a participant's additional member contributions 18 included in such participant's contribution deficiency pursuant to 19 subparagraph (i) of this paragraph shall be calculated as if such addi- 20 tional member contributions had never been paid by such participant, and 21 such interest shall accrue from the end of the payroll period to which 22 an amount of such additional member contributions is attributable, until 23 such amount is paid to the retirement system. 24 (B) The rate of interest to be applied to each such amount during the 25 period for which interest accrues on that amount shall be five percent 26 per annum, compounded annually. 27 6. Where a participant who is otherwise eligible for service retire- 28 ment pursuant to subdivision c of this section did not, prior to the 29 effective date of retirement, pay the entire amount of a contribution 30 deficiency chargeable to such participant pursuant to paragraphs four 31 and five of this subdivision, that participant, nevertheless, shall be 32 eligible to retire pursuant to subdivision c of this section, provided, 33 however, that such participant's service retirement benefit calculated 34 pursuant to paragraph two of such subdivision c shall be reduced by a 35 life annuity (calculated in accordance with the method set forth in 36 subdivision i of section six hundred thirteen-b of this article) which 37 is actuarially equivalent to the amount of any unpaid contribution defi- 38 ciency chargeable to such member pursuant to paragraphs four and five of 39 this subdivision. 40 7. Where a participant who is otherwise eligible for a vested right to 41 a deferred benefit pursuant to subdivision d of this section did not, 42 prior to the date of discontinuance of service, pay the entire amount of 43 a contribution deficiency chargeable to such participant pursuant to 44 paragraphs four and five of this subdivision, the participant neverthe- 45 less, shall be eligible for a vested right to a deferred benefit pursu- 46 ant to subdivision d of this section, provided, however, that the 47 deferred vested benefit calculated pursuant to paragraph three of such 48 subdivision d shall be reduced by a life annuity (calculated in accord- 49 ance with the method set forth in subdivision i of section five hundred 50 seventeen-b of this article) which is actuarially equivalent to the 51 amount of any unpaid contribution deficiency chargeable to such member 52 pursuant to paragraphs four and five of this subdivision. 53 8. The head of a retirement system which includes participants in the 54 twenty-two year retirement program in its membership may, consistent 55 with the provisions of this subdivision, promulgate regulations for the 56 payment of such additional member contributions, and any interest there- 
 S. 7866 7 1 on, by such participants (including the deduction of such contributions, 2 and any interest thereon, from the participant's compensation). 3 9. Subject to the provisions of paragraphs six and seven of this 4 subdivision, where a participant has not paid in full any contribution 5 deficiency chargeable to such participant pursuant to paragraphs four 6 and five of this subdivision, and a benefit, other than a refund of 7 member contributions pursuant to section five hundred seventeen of this 8 article or a refund of additional member contributions pursuant to 9 subparagraph (ii) of paragraph ten of this subdivision, becomes payable 10 under this article to the participant or to their designated beneficiary 11 or estate, the actuarial equivalent of any such unpaid amount shall be 12 deducted from the benefit otherwise payable. 13 10. (i) Such additional member contributions (and any interest there- 14 on) shall be paid into the contingent reserve fund of the retirement 15 system of which the participant is a member and shall not for any 16 purpose be deemed to be member contributions or accumulated contrib- 17 utions of a member under section five hundred seventeen of this article 18 or otherwise while such member is a participant in the twenty-two year 19 retirement program or otherwise, except that, a surplus of such addi- 20 tional member contributions that are paid into the retirement system's 21 contingent reserve fund may be used for the sole purpose of offsetting a 22 deficit of basic member contributions. 23 (ii) Should a participant in the twenty-two year retirement program 24 who has rendered less than fifteen years of credited service cease to 25 hold a position as a deputy sheriff member for any reason whatsoever, 26 such participant's accumulated additional member contributions made 27 pursuant to this subdivision (together with any interest thereon paid to 28 the retirement system) may be withdrawn by such participant pursuant to 29 procedures promulgated in regulations of the board of trustees of the 30 retirement system, together with interest thereon at the rate of five 31 percent per annum, compounded annually. 32 (iii) Notwithstanding any other provision of law to the contrary, (A) 33 no member shall be permitted to withdraw from the retirement system any 34 additional member contributions paid pursuant to this subdivision or any 35 interest paid thereon, except pursuant to and in accordance with the 36 preceding subparagraphs of this paragraph; and (B) no member, while such 37 person is a participant in the twenty-five year retirement program, 38 shall be permitted to withdraw any such additional member contributions 39 or any interest paid thereon pursuant to any of the preceding subpara- 40 graphs of this paragraph or otherwise. 41 11. No member of a public retirement system shall be permitted to 42 borrow any portion of the additional member contributions (including any 43 interest paid thereon by the participant) which are subject to this 44 subdivision. 45 § 5. Section 505 of the retirement and social security law, as amended 46 by chapter 18 of the laws of 2012, is amended to read as follows: 47 § 505. Service retirement benefits; police/fire members, New York city 48 uniformed correction/sanitation revised plan members [and], investigator 49 revised plan members and New York city deputy sheriff revised plan 50 members. a. The normal service retirement benefit for police/fire 51 members, New York city uniformed correction/sanitation revised plan 52 members [and], investigator revised plan members and New York city depu- 53 ty sheriff revised plan members at normal retirement age shall be a 54 pension equal to fifty percent of final average salary, less fifty 55 percent of the primary social security retirement benefit commencing at 
 S. 7866 8 1 age sixty-two, as provided in section five hundred eleven of this arti- 2 cle. 3 b. The early service retirement benefit for police/fire members, New 4 York city uniformed correction/sanitation revised plan members [and], 5 investigator revised plan members and New York city deputy sheriff 6 revised plan members shall be a pension equal to two and one-tenths 7 percent of final average salary times years of credited service at the 8 completion of twenty years of service or upon attainment of age sixty- 9 two, increased by one-third of one percent of final average salary for 10 each month of service in excess of twenty years, but not in excess of 11 fifty percent of final average salary, less fifty percent of the primary 12 social security retirement benefit commencing at age sixty-two as 13 provided in section five hundred eleven of this article, provided, 14 however, that New York city police/fire revised plan members, New York 15 city uniformed correction/sanitation revised plan members [and], inves- 16 tigator revised plan members and New York city deputy sheriff revised 17 plan members shall not be eligible to retire for service prior to the 18 attainment of twenty years of credited service. 19 c. A police/fire member, a New York city uniformed 20 correction/sanitation revised plan member [or], an investigator revised 21 plan member or a New York city deputy sheriff revised plan member who 22 retires with twenty-two years of credited service or less may become 23 eligible for annual escalation of the service retirement benefit if [he] 24 such member elects to have the payment of [his] their benefit commence 25 on the date [he] such member would have completed twenty-two years and 26 one month or more of service. In such event, the service retirement 27 benefit shall equal two percent of final average salary for each year of 28 credited service, less fifty percent of the primary social security 29 retirement benefit commencing at age sixty-two as provided in section 30 five hundred eleven of this article. 31 § 6. The retirement and social security law is amended by adding a new 32 section 507-j to read as follows: 33 § 507-j. Accidental disability retirement for deputy sheriffs employed 34 by the city of New York. a. A member of the New York city employees' 35 retirement system employed by the city of New York as a deputy city 36 sheriff, level one, deputy city sheriff, level two, supervising deputy 37 sheriff or administrative sheriff, who becomes physically or mentally 38 incapacitated for the performance of duties as the natural and proximate 39 result of an accident, sustained in the performance of such member's 40 duties, not caused by such member's willful negligence, sustained in 41 such service and while actually a member of the retirement system, shall 42 be paid an accidental disability retirement allowance equal to three- 43 quarters of final average salary as defined in section five hundred 44 twelve of this article, subject to the provisions of section 13-176 of 45 the administrative code of the city of New York. 46 b. 1. (i) Notwithstanding any provisions of this chapter or of any 47 general, special or local law, charter, administrative code or rule or 48 regulation to the contrary, if any condition or impairment of health is 49 caused by a qualifying World Trade Center condition, as defined in 50 section two of this chapter, it shall be presumptive evidence that it 51 was incurred in the performance and discharge of duty and the natural 52 and proximate result of an accident not caused by such member's own 53 willful negligence, unless the contrary be proved by competent evidence. 54 (ii) The head of the retirement system is hereby authorized to promul- 55 gate rules and regulations to implement the provisions of this para- 56 graph. 
 S. 7866 9 1 2. (i) Notwithstanding the provisions of this chapter or of any gener- 2 al, special or local law, charter, administrative code or rule or regu- 3 lation to the contrary, if a member who participated in World Trade 4 Center rescue, recovery or cleanup operations as defined in section two 5 of this chapter, and subsequently retired on a service retirement, an 6 ordinary disability retirement, a performance of duty disability retire- 7 ment, or was separated from service with a vested right to deferred 8 payability of a retirement allowance and subsequent to such retirement 9 or separation is determined by the head of the retirement system to have 10 a qualifying World Trade Center condition as defined in section two of 11 this chapter, upon such determination by the head of the retirement 12 system, it shall be presumed that such disability was incurred in the 13 performance and discharge of duty as the natural and proximate result of 14 an accident not caused by such member's own willful negligence, and that 15 the member would have been physically or mentally incapacitated for the 16 performance and discharge of duty of the position from which such member 17 retired had the condition been known and fully developed at the time of 18 the member's retirement, unless the contrary is proven by competent 19 evidence. 20 (ii) The head of the retirement system shall consider a reclassifica- 21 tion of the member's retirement or vesting as an accidental disability 22 retirement effective as of the date of such reclassification. 23 (iii) Such member's retirement option shall not be changed as a result 24 of such reclassification. 25 (iv) The member's former employer at the time of the member's retire- 26 ment shall have an opportunity to be heard on the member's application 27 for reclassification by the head of the retirement system according to 28 procedures developed by the comptroller. 29 (v) The head of the retirement system is hereby authorized to promul- 30 gate rules and regulations to implement the provisions of this para- 31 graph. 32 c. Notwithstanding any other provision of this chapter or of any 33 general, special or local law, charter, administrative code or rule or 34 regulation to the contrary, if a retiree or vestee who: (1) has met the 35 criteria of subdivision b of this section and retired on a service or 36 disability retirement, would have met the criteria if not already 37 retired on an accidental disability, or was separated from service with 38 a vested right to deferred payability of a retirement allowance; and (2) 39 has not been retired for more than twenty-five years; and (3) dies from 40 a qualifying World Trade Center condition as defined in section two of 41 this chapter, as determined by the applicable head of the retirement 42 system or applicable medical board, then unless the contrary be proven 43 by competent evidence, such retiree or vestee shall be deemed to have 44 died as a natural and proximate result of an accident sustained in the 45 performance of duty and not as a result of willful negligence on their 46 part. Such retiree's or vestee's eligible beneficiary, as set forth in 47 section five hundred one of this article, shall be entitled to an acci- 48 dental death benefit as provided by section five hundred nine of this 49 article, however, for the purposes of determining the salary base upon 50 which the accidental death benefit is calculated, the retiree or vestee 51 shall be deemed to have died on the date of their retirement or sepa- 52 ration from service with vested rights. Upon the retiree's or vestee's 53 death, the eligible beneficiary shall make a written application to the 54 head of the retirement system within the time for filing an application 55 for an accidental death benefit as set forth in section five hundred 56 nine of this article requesting conversion of such retiree's service, 
 S. 7866 10 1 vested right or disability retirement benefit to an accidental death 2 benefit. At the time of such conversion, the eligible beneficiary shall 3 relinquish all rights to the prospective benefits payable under the 4 service or disability retirement benefit, or vested right to such bene- 5 fit, including any post-retirement death benefits, since the retiree's 6 or vestee's death. If the eligible beneficiary is not the only benefici- 7 ary receiving or entitled to receive a benefit under the service or 8 disability retirement benefit (including, but not limited to, post-re- 9 tirement death benefits or benefits paid or payable pursuant to the 10 retiree's option selection), or that will be eligible under the vested 11 right, the accidental death benefit payments to the eligible beneficiary 12 will be reduced by any amounts paid or payable to any other beneficiary. 13 d. Notwithstanding any other provision of this chapter or of any 14 general, special or local law, charter, administrative code or rule or 15 regulation to the contrary, if a member who: (1) has met the criteria of 16 subdivision b of this section; (2) dies in active service or after sepa- 17 rating from service with a vested right to deferred payability of a 18 retirement allowance, but prior to the payability of that retirement 19 allowance; and (3) dies from a qualifying World Trade Center condition, 20 as defined in section two of this chapter, as determined by the applica- 21 ble head of the retirement system or applicable medical board to have 22 been caused by such member's participation in the World Trade Center 23 rescue, recovery or cleanup operations, as defined in section two of 24 this chapter, then unless the contrary be proven by competent evidence, 25 such member shall be deemed to have died as a natural and proximate 26 result of an accident sustained in the performance of duty and not as a 27 result of willful negligence on such member's part. Such member's eligi- 28 ble beneficiary, as set forth in section five hundred one of this arti- 29 cle, shall be entitled to an accidental death benefit provided such 30 member's eligible beneficiary makes written application to the head of 31 the retirement system within the time for filing an application for an 32 accidental death benefit as set forth in section five hundred nine of 33 this article. 34 § 7. Subdivision b of section 508 of the retirement and social securi- 35 ty law, as amended by chapter 476 of the laws of 2018, is amended to 36 read as follows: 37 b. A member of a retirement system subject to the provisions of this 38 article who is a police officer, firefighter, correction officer, inves- 39 tigator revised plan member [or], sanitation worker or a New York city 40 deputy sheriff revised plan member and is in a plan which permits imme- 41 diate retirement upon completion of a specified period of service with- 42 out regard to age or who is subject to the provisions of section five 43 hundred four or five hundred five of this article, shall upon completion 44 of ninety days of service be covered for financial protection in the 45 event of death in service pursuant to this subdivision. Such death bene- 46 fit shall be equal to three times the member's salary raised to the next 47 highest multiple of one thousand dollars, but in no event shall it 48 exceed three times the maximum salary specified in section one hundred 49 thirty of the civil service law or, in the case of a member of a retire- 50 ment system other than the New York city employees' retirement system, 51 or in the case of a member of the New York city employees' retirement 52 system who is a New York city uniformed correction/sanitation revised 53 plan member [or], an investigator revised plan member or a New York city 54 deputy sheriff revised plan member, the specific limitations specified 55 for age of entrance into service contained in subparagraphs (b), (c), 56 (d), (e) and (f) of paragraph two of subdivision a of this section. 
 S. 7866 11 1 § 8. Paragraph 2 of subdivision b of section 510 of the retirement and 2 social security law, as amended by chapter 18 of the laws of 2012, is 3 amended to read as follows: 4 2. The first day of the month following the date on which a member 5 completes or would have completed twenty-five years of credited service, 6 with respect to service retirement benefits for police/fire members and 7 their beneficiaries, New York city uniformed correction/sanitation 8 revised plan members and their beneficiaries [or], investigator revised 9 plan members or New York city deputy sheriff revised plan members and 10 their beneficiaries. 11 § 9. Subdivisions c and d of section 512 of the retirement and social 12 security law, as amended by chapter 18 of the laws of 2012, are amended 13 to read as follows: 14 c. Notwithstanding the provisions of subdivisions a and b of this 15 section, the final average salary of an employee who has been a member 16 of the New York city employees' retirement system (other than a New York 17 city correction/sanitation revised plan member [or], an investigator 18 revised plan member or a New York city deputy sheriff revised plan 19 member) or the New York city teacher's retirement system for less than 20 one year shall be the projected one year salary, with the calculation 21 based upon a twelve month projection of the sums earned in the portion 22 of the year worked. If a member has been employed for more than one year 23 but less than two years, then the member's final average salary shall be 24 the average of the first year and projected second year earnings based 25 upon the calculation above, and if more than two years, but less than 26 three years, then one-third the total of the first two years of employ- 27 ment plus the projected third year's earnings, calculated as indicated 28 above. 29 d. Subject to the provisions of subdivision c of this section, and 30 notwithstanding the provisions of subdivision a of this section, with 31 respect to members of the New York city employees' retirement system 32 (other than a New York city uniformed correction/sanitation revised plan 33 member [or], an investigator revised plan member or a New York city 34 deputy sheriff revised plan member) and the New York city board of 35 education retirement system who are subject to the provisions of this 36 article, a member's final average salary shall be determined pursuant to 37 the provisions of paragraph thirteen of subdivision e of section 38 13-638.4 of the administrative code of the city of New York. 39 § 10. Subdivision c of section 516 of the retirement and social secu- 40 rity law, as amended by chapter 18 of the laws of 2012, is amended to 41 read as follows: 42 c. The deferred vested benefit of police/fire members, New York city 43 police/fire revised plan members, New York city uniformed 44 correction/sanitation revised plan members [or], investigator revised 45 plan members or New York city deputy sheriff revised plan members shall 46 be a pension commencing at early retirement age equal to two and one- 47 tenths percent of final average salary times years of credited service, 48 less fifty percent of the primary social security retirement benefit 49 commencing at age sixty-two, as provided in section five hundred eleven 50 of this article. A police/fire member, a New York city police/fire 51 revised plan member, a New York city uniformed correction/sanitation 52 revised plan member [or], investigator revised plan member or a New York 53 city deputy sheriff revised plan member may elect to receive [his] their 54 vested benefit commencing at early retirement age or age fifty-five. If 55 the vested benefit commences before early retirement age, the benefit 56 shall be reduced by one-fifteenth for each year, if any, that the 
 S. 7866 12 1 member's early retirement age is in excess of age sixty, and by one- 2 thirtieth for each additional year by which the vested benefit commences 3 prior to early retirement age. If such vested benefit is deferred until 4 after such member's normal retirement age, the benefit shall be computed 5 and subject to annual escalation in the same manner as provided for an 6 early retirement benefit pursuant to subdivision c of section five 7 hundred five of this article. 8 § 11. Section 517 of the retirement and social security law is amended 9 by adding two new subdivisions j and k to read as follows: 10 j. 1. Notwithstanding any provision of law to the contrary, the city 11 of New York shall, in the case of a deputy sheriff revised plan member, 12 pick up and pay to the retirement system of which such participant is a 13 member all additional member contributions which otherwise would be 14 required to be deducted from such member's compensation pursuant to 15 paragraphs one and two of subdivision e of section five hundred four-e 16 of this article (not including any additional member contributions due 17 for any period prior to the first full payroll period referred to in 18 such paragraph three of such subdivision e), and shall effect such pick 19 up on each and every payroll of such participant for each and every 20 payroll period with respect to which such paragraph three would other- 21 wise require such deductions. 22 2. An amount equal to the amount of additional contributions picked up 23 pursuant to this subdivision shall be deducted by such employer from the 24 compensation of such member (as such compensation would be in the 25 absence of a pick up program applicable to such member hereunder) and 26 shall not be paid to such member. 27 3. The additional member contributions picked up pursuant to this 28 subdivision for any such member shall be paid by such employer in lieu 29 of an equal amount of additional member contributions otherwise required 30 to be paid by such member under the applicable provisions of subdivision 31 e of section five hundred four-e of this article, and shall be deemed to 32 be and treated as employer contributions pursuant to section 414(h) of 33 the Internal Revenue Code. 34 4. For the purpose of determining the retirement system rights, bene- 35 fits and privileges of any member whose additional member contributions 36 are picked up pursuant to this subdivision, such picked up additional 37 member contributions shall be deemed to be and treated as part of such 38 member's additional member contributions under the applicable provisions 39 of subdivision e of section five hundred four-e of this article. 40 5. With the exception of federal income tax treatment, the additional 41 member contributions picked up pursuant to paragraph one of this subdi- 42 vision shall for all other purposes, including computation of retirement 43 benefits and contributions by employers and employees, be deemed employ- 44 ee salary. Nothing contained in this subdivision shall be construed as 45 superseding the provisions of section four hundred thirty-one of this 46 chapter, or any similar provision of law which limits the salary base 47 for computing retirement benefits payable by a public retirement system. 48 k. Notwithstanding any inconsistent provision of subdivision a of this 49 section, New York city deputy sheriff revised plan members shall 50 contribute three percent of annual wages to the pension fund in which 51 they have membership and such contributions shall not be required for 52 more than twenty-five years. 53 § 12. Paragraph 1 of subdivision b of section 517-c of the retirement 54 and social security law, as amended by section 1 of part JJ of chapter 55 55 of the laws of 2023, is amended to read as follows: 
 S. 7866 13 1 1. A member of the New York state and local employees' retirement 2 system, the New York state and local police and fire retirement system, 3 the New York city employees' retirement system, the New York city board 4 of education retirement system or the New York city police pension fund 5 in active service who has credit for at least one year of member service 6 may borrow, no more than once during each twelve month period, an amount 7 not exceeding seventy-five percent of the total contributions made 8 pursuant to section five hundred seventeen of this article (including 9 interest credited at the rate set forth in subdivision c of such section 10 five hundred seventeen compounded annually) and not less than one thou- 11 sand dollars, provided, however, that the provisions of this section 12 shall not apply to a New York city uniformed correction/sanitation 13 revised plan member [or], an investigator revised plan member or a New 14 York city deputy sheriff revised plan member. 15 § 13. Paragraphs 5 and 6 of subdivision a of section 600 of the 16 retirement and social security law, paragraph 5 as amended and paragraph 17 6 as added by chapter 18 of the laws of 2012, are amended and a new 18 paragraph 7 is added to read as follows: 19 5. Investigator members of the New York city employees' retirement 20 system; [and] 21 6. Members of the uniformed force of the New York city department of 22 sanitation who join or rejoin a public retirement system of the state on 23 or after April first, two thousand twelve[.]; and 24 7. Deputy sheriff members of the New York city sheriff's department 25 who join or rejoin a public retirement system of the state on or after 26 the effective date of this paragraph and who make an election pursuant 27 to section five hundred four-e of this chapter to become a participant 28 in the New York city deputy sheriff revised plan. 29 § 14. Paragraph 1-b of subdivision b of section 911 of the retirement 30 and social security law, as added by chapter 18 of the laws of 2012, is 31 amended to read as follows: 32 1-b. The provisions of this subdivision shall not apply to a New York 33 city uniformed correction/sanitation revised plan member (as defined in 34 subdivision twenty-five of section five hundred one of this chapter), an 35 investigator revised plan member (as defined in subdivision twenty-seven 36 of section five hundred one of this chapter) [or], a New York city 37 revised plan member (as defined in subdivision m of section six hundred 38 one of this chapter) or a New York city deputy sheriff revised plan 39 member (as defined in subdivision twenty-nine of section five hundred 40 one of this chapter). 41 § 15. The New York city employees retirement system shall make the 42 form for members to make an election pursuant to section 504-e of the 43 retirement and social security law available on its website no later 44 than thirty days following the effective date of this act. 45 § 16. Notwithstanding any other provision of law to the contrary, none 46 of the provisions of this act shall be subject to the appropriation 47 requirement of section 25 of the retirement and social security law. 48 § 17. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY: This proposed legislation would establish a Tier 3 22-Year Retirement Program for NYCERS Deputy Sheriffs (DS 22-Year Plan). Participation is optional and requires Additional Member Contributions equal to 6.75% of compensation. EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS by Fiscal Year for the first 25 years ($ in Millions) 
 S. 7866 14 Year NYCERS 2026 0.8 2027 0.8 2028 0.8 2029 0.8 2030 0.9 2031 0.9 2032 0.9 2033 0.9 2034 0.9 2035 0.9 2036 1.0 2037 1.0 2038 1.0 2039 0.5 2040 0.5 2041 0.6 2042 0.6 2043 0.6 2044 0.6 2045 0.7 2046 0.7 2047 0.7 2048 0.8 2049 0.8 2050 0.8 Projected contributions include future new hires that may be impacted. For Fiscal Year 2051 and beyond, the expected increase in normal cost as a level percent of pay for impacted new entrants is approximately 3.43%. The entire increase in employer contributions will be allocated to New York City. PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the discounted expected value of benefits paid to current members if all assumptions are met, including future service accrual and pay increases. Future new hires are not included in this present value. INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES as of June 30, 2024 ($ in Millions) Present Value (PV) NYCERS (1) PV of Employer Contributions: 6.6 (2) PV of Employee Contributions: (2.8) Total PV of Benefits (1) + (2): 3.8 UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are the portion of the Present Value of Benefits allocated to past service. Changes in UAL were amortized over the expected remaining working life- time of those impacted using level dollar payments. AMORTIZATION OF UNFUNDED ACCRUED LIABILITY NYCERS Increase (Decrease) in UAL: 3.9 M Number of Payments: 13 Amortization Payment: 0.5 M 
 S. 7866 15 CENSUS DATA: The estimates presented herein are based on preliminary census data collected as of June 30, 2024. The census data for the depu- ty sheriffs assumed to elect the DS 22-Year Plan is summarized below. NYCERS Active Members - Number Count: 94 - Average Age: 39.0 - Average Service: 9.4 - Average Salary: 90,000 IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: The proposed legislation would provide the following benefits to deputy sheriffs who participate in the DS 22-Year Plan: * Service retirement benefit of 42% of Final Average Salary (FAS) for the first 20 years of credited service, plus 4% of FAS for each addi- tional year of credited service exceeding 20 years up to a maximum of 22 years. This benefit is subject to a social security offset starting at age 62. * Accidental disability retirement benefit equal to 75% of FAS without an offset for social security. * Vested benefit of 2.1% of FAS for each year of credited service, payable on the date they would have attained 20 years of credited service, and subject to a social security offset starting at age 62. Benefits provided under the plan would be subject to the applicable Cost-of-Living Adjustment (COLA) or Escalation Adjustments. Current benefits are only subject to COLA provisions. Members of the DS 22-Year Plan would be required to pay Basic Member Contributions of 3% for up to 25 years, and Additional Member Contrib- utions equal to 6.75% of compensation for all service as a Plan partic- ipant on and after the starting date of the Plan until the later of the one-year anniversary of the effective date of the Plan or 30 years of Credited Service. ASSUMPTIONS AND METHODS: The estimates presented herein have been calculated based on the Revised 2021 Actuarial Assumptions and Methods of the impacted retirement system. In addition: * The rates of retirement for the DS 22-Year Plan were assigned based on members' eligibility to elect. The DS 22-Year Plan will be optional for current and future deputy sheriffs. * New entrants were assumed to replace exiting members so that total payroll for deputy sheriffs increases by 3% each year. New entrant demo- graphics were developed based on data for recent new hires and actuarial judgement. To determine the impact of the elective nature of the proposed legis- lation, a subgroup of NYCERS deputy sheriffs was developed based on who is assumed to benefit actuarially by comparing the net present value of future employer costs of each member's benefit under their current plan and under the DS 22-Year Plan. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the actuarial assumptions, methods, and models used, demo- graphics of the impacted population and other factors such as invest- ment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Quantifying these risks is beyond the scope of this Fiscal Note. 
 S. 7866 16 This Fiscal Note is intended to measure pension-related impacts and does not include other potential costs (e.g., administrative and Other Postemployment Benefits). This Fiscal Note does not reflect any chapter laws that may have been enacted during the current legislative session. STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov- sky are members of the Society of Actuaries and the American Academy of Actuaries. We are members of NYCERS, but do not believe it impairs our objectivity, and we meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of our knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2025-56 dated May 6, 2025 was prepared by the Chief Actuary for the New York City Retirement Systems and Pension Funds and is intended for use only during the 2025 Legislative Session.