BILL NUMBER: S9254
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
the mandatory age of the members of the town of Southampton police
department
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the mandatory age of the Chief of the Town of Southampton
Police Department.
 
SUMMARY OF PROVISIONS:
Section 1. Amends subdivision m of Section 384-d of the Retirement and
Social Security Law to permit the Town Board to permit members of the
Southampton Police Department who holds the rank of chief to remain in
service until the age of 65
Section 2. Immediate effective date.
 
JUSTIFICATION:
This legislation was introduced on behalf of the Southampton Town Board
to amend Section 384-d(m) to allow a police officer employed by the Town
of Southampton who holds the rank of chief to remain in active service
until attaining age 65. Currently, such officers must separate from
service after attaining age 60.
By virtue of a court decision interpreting Section 384-d(m) of the
Retirement and Social Security Law, it has been determined that South-
ampton police officers may avoid the mandatory age and separation from
service provisions of said statute by switching to the 25-year retire-
ment plan, which carries a mandatory retirement age of 70. However, the
Southampton Town Board has found that it is in the public interest to
permit the Town to retain certain more experienced high-ranking officers
to assume the role of the Chief of the Southampton Town Police Depart-
ment without requiring them to switch to the 25-year year retirement
plan. This legislation is necessary to add the necessary provisions to
permit the Southampton Town Board to permit members of the Southampton
Police Department who hold the rank of chief to remain in service until
the age of 65 and remain in the current 20-year retirement plan provided
for in Section 384-d(m) of the Retirement and Social Security Law.
 
PRIOR LEGISLATIVE HISTORY:
2024: New Legislation
 
FISCAL IMPLICATIONS:
The Actuary for the New York State and Local Retirement System estimates
that if this bill is enacted in the 2024 Legislative Session, there
could be additional benefits for certain members who remain in active
service beyond age 60, which would be funded by the normal employer
contributions. If such members delay separation of service due to the
enactment of this bill, the System does not anticipate any increases in
the annual contribution rates for the Town of Southampton.
 
EFFECTIVE DATE:
This act shall take effect immediately.