S 8154: Makes certain benefits available to members of the Dutchess county sheriff's department upon the election to offer such benefits by Dutchess county.

  
  STATE OF NEW YORK ________________________________________________________________________ 8154 2025-2026 Regular Sessions  IN SENATE May 15, 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 making certain benefits available to members of the Dutchess county sheriff's department; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision k of section 89-p of the retirement and social 2 security law is relettered subdivision l and a new subdivision k is 3 added to read as follows: 4 k. (1) Notwithstanding any provision of law to the contrary, Dutchess 5 county may elect to make available to the members described in subdivi- 6 sions a and d of this section the twenty-year retirement plan provided 7 by section five hundred sixty-one of this chapter; provided that Dutch- 8 ess county shall pay the cost attributable therefor. 9 (2) The benefits provided by this subdivision shall be available only 10 to those members defined in paragraph one of this subdivision upon the 11 adoption of a resolution specifically stating that Dutchess county 12 elects to offer the benefit provided by section five hundred sixty-one 13 of this chapter, as authorized by this subdivision and filing a certi- 14 fied copy thereof with the comptroller. Such resolution may also contain 15 an election that any past service cost be paid over either a five-year 16 or ten-year period. Such resolution shall be accompanied by the affida- 17 vit of the chief executive officer of Dutchess county that such county 18 has received an estimate from the retirement system of the cost of the 19 benefit provided by section five hundred sixty-one of this chapter. 20 (3) Such resolution shall apply to all members defined in paragraph 21 one of this subdivision, except those already subject to a retirement 22 plan which permits immediate retirement with a benefit upon a specified 23 period of service of twenty years or less without regard to age. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11926-03-5 
 S. 8154 2 1 § 2. The retirement and social security law is amended by adding a new 2 section 561 to read as follows: 3 § 561. Optional retirement plan for Dutchess county deputy sheriffs. 4 a. A member of the retirement system employed by Dutchess county may 5 elect to become a member pursuant to the provisions of this section 6 within one year after such member becomes a member, if Dutchess county 7 has elected to make the benefits provided herein available to members, 8 or within one year after Dutchess county elects to make the benefits 9 provided herein available to its members. 10 b. Elections made pursuant to this section shall be in writing and 11 shall be duly acknowledged and filed with the comptroller. Any member 12 who files such an election pursuant to this section may withdraw it 13 after it has been filed for at least one year. Such withdrawal shall be 14 by written notice duly acknowledged and filed with the comptroller. 15 c. A member participating on the basis of this section at the time of 16 retirement, shall be entitled to retire after the completion of twenty 17 years of total creditable service or upon the attainment of age sixty- 18 two, by filing an application therefor in a manner similar to that 19 provided in this chapter. 20 1. Upon completion of twenty years of such service and upon retire- 21 ment, each such member shall receive a pension sufficient to provide 22 such member with a retirement allowance equal to one-fortieth of such 23 member's final average salary for each year of total creditable service 24 for which such member is otherwise entitled but not exceeding in the 25 aggregate one-half of such member's final average salary; provided, 26 however, if upon retirement, such member shall have credited service in 27 excess of twenty years, such member shall receive, for each year of 28 service in excess of twenty, an additional pension which shall be equal 29 to one-sixtieth of such member's final average salary; and provided 30 further that the total allowance payable pursuant to this section shall 31 not exceed three-quarters of such member's final average salary. 32 2. Upon attainment of age sixty-two and upon retirement without 33 completion of twenty years of such service, each such member shall 34 receive a pension sufficient to provide such member with a retirement 35 allowance equal to one-fortieth of their final average salary for each 36 year of creditable service. Every such member shall also be entitled to 37 an additional pension equal to the pension for any other creditable 38 service rendered as otherwise provided for in this chapter. This latter 39 pension shall not increase the total allowance to more than one-half of 40 such member's final average salary. 41 d. Dutchess county may elect to provide any service credit earned with 42 a public employer prior to services performed as a sheriff, undersheriff 43 or deputy sheriff towards the one-sixtieth allowance provided by para- 44 graph one of subdivision c of this section. 45 e. The increased pension, as provided by this section, shall be paid 46 from additional contributions made by the participating employer on 47 account of such members. The actuary of the retirement system shall 48 compute the additional contribution required for each member who elects 49 to receive the special benefits provided under this section. Such addi- 50 tional contributions shall be computed on the basis of contributions 51 during the prospective service of such member which will cover the 52 liability of the retirement system for such extra pensions. Upon 53 approval of the comptroller, such additional contributions shall be 54 certified by the comptroller to the Dutchess county chief fiscal offi- 55 cer. The amount thereof shall be included in the annual appropriation of 56 Dutchess county. Such amount shall be paid on the warrant of the chief 
 S. 8154 3 1 fiscal officer of Dutchess county to the pension accumulation fund of 2 the retirement system. 3 f. In computing the twenty years of completed service of a member, 4 full credit shall be given for military service as defined in subdivi- 5 sions twenty-nine-a and thirty of section three hundred two of this 6 chapter. 7 g. Every member participating on the basis of this section shall be 8 separated from the service on the last day of the calendar month next 9 succeeding the calendar month in which such member attains age sixty- 10 two, provided, however, that such a member who attained the age of 11 sixty-two before the Dutchess county elected to make the benefits 12 provided herein available to such member, or who attains the age of 13 sixty-two within one month after the Dutchess county makes such benefits 14 available, to be eligible for a pension computed in accordance with the 15 provisions of this section, shall be separated from the service within 16 three months after the Dutchess county makes such benefits available. 17 h. The provisions of this section shall be controlling notwithstanding 18 any provision in this article to the contrary. 19 i. The benefits of this section shall be available upon Dutchess coun- 20 ty electing to provide such benefits by adopting a resolution to such 21 effect and filing a certified copy thereof with the comptroller. 22 j. The benefits hereinabove provided shall be payable to a member, 23 unless at the date of retirement, such member would otherwise be enti- 24 tled to a greater benefit under other provisions of this chapter had 25 such member withdrawn from this section, in which event such greater 26 benefits shall be payable. 27 k. 1. As used in this section "creditable service" shall include, any 28 and all services performed as a sheriff, undersheriff or deputy sheriff, 29 provided, however, that criminal law enforcement service shall only be 30 creditable when it aggregates fifty per centum or more of their service 31 as a deputy sheriff. 32 2. Notwithstanding the provisions of paragraph one of this subdivi- 33 sion, Dutchess county may elect on a form filed with the comptroller for 34 that purpose to provide that creditable service shall also include any 35 and all service performed by a deputy sheriff who is a police officer 36 pursuant to subdivision thirty-four of section 1.20 of the criminal 37 procedure law as certified by the municipal police council or as certi- 38 fied by the police department of the city of New York upon satisfactory 39 completion of the basic training program and graduation from the New 40 York city police academy. 41 3. Credit for service as a member or officer of the state police or as 42 a paid firefighter, police officer or officer of any organized fire 43 department or police force or department of any county, city, village, 44 town, fire district or police district and that credit therefor shall 45 not exceed five years, shall also be deemed to be creditable service and 46 shall be included in computing years of total service for retirement 47 pursuant to this section, provided such service was performed by the 48 member while contributing to the retirement system pursuant to the 49 provisions of this article or article eight of this chapter. 50 § 3. Dutchess county is authorized to file an election in accordance 51 with subdivision k of section eighty-nine-p of the retirement and social 52 security law electing to offer the provisions of section five hundred 53 sixty-one of the retirement and social security law to its members 54 defined in subdivisions a and d of section eighty-nine-p of the retire- 55 ment and social security law within one hundred eighty days of the 
 S. 8154 4 1 effective date of this act. All past service costs associated with 2 section two of this act shall be borne by Dutchess county. 3 § 4. Notwithstanding any other provision of law to the contrary, none 4 of the provisions of this act shall be subject to the appropriation 5 requirement of section 25 of the retirement and social security law. 6 § 5. This act shall take effect immediately; provided however, that if 7 the county of Dutchess fails to file the election pursuant to section 8 three of this act with the comptroller within one hundred eighty days of 9 the effective date of this act, on the one hundred eighty-first day 10 following the effective date of this act, sections two and three of this 11 act shall expire and be deemed repealed; provided that the comptroller 12 shall notify the legislative bill drafting commission upon the occur- 13 rence of the filing of such election provided for in section three of 14 this act, or lack thereof, in order that the commission may maintain an 15 accurate and timely effective data base of the official text of the laws 16 of the state of New York in furtherance of effectuating the provisions 17 of section 44 of the legislative law and section 70-b of the public 18 officers law.