BILL NUMBER: S6289
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
primary social security retirement benefits for police/fire members who
are members of the New York city fire department pension fund
 
PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the Social Security offset for retirement allowances for
members of the New York City Fire Department Pension Fund.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 505 of the Retirement and Social Security Law
(RSSL) to provide that the normal service retirement benefit, early
service retirement benefit, and the annual escalation of such benefits
shall not be reduced by the value of the primary Social Security benefit
commencing at age 62 for members of the New York City fire department
pension fund.
Section 2 amends section 511 of the Retirement and Social Security Law
by adding a new subdivision h to exempt members of the New York City
Fire Department Pension Fund who retire pursuant to section 505 or on a
deferred vested benefit from the requirement that their service retire-
ment benefit be reduced by 50% of the value of the primary Social Secu-
rity benefit which commences at age 62.
Section 3 amends subdivision c of section 516 of the Retirement and
Social Security Law to provide that a deferred vested retirement allow-
ance shall not be reduced by the value of the primary Social Security
benefit commencing at age 62 for members of the New York City Fire
Department Pension Fund.
Section 4 provides that this act shall apply to the section of the NYC
Administrative Code governing the Fire Department Pension Fund.
Section 5 clarifies that the provisions of subdivision c of section 500
of RSSL do not apply to this bill.
Section 6 sets the effective date.
 
JUSTIFICATION:
This bill would restore a pension plan benefit for New York City fire-
fighters that existed prior to the veto of the Tier 2 extender by Gover-
nor Paterson in 2009. Currently, Tier 3 and "Modified Tier 3"/Tier 6
members of the New York City Fire Department Pension Fund are eligible
for a number of service retirement benefits, or pensions.
A normal service retirement benefit is payable upon completion of 22
years of service. An early service retirement benefit is payable upon 20
years of service or age 62 for Tier 3 or 20 years of service for Modi-
fied Tier 3 and is equal to 2.1% of final average salary for each month
in excess of 20 years, not to exceed 50% of final average salary. A
vested retirement benefit is also available for members with at least
five years of uniformed service who reach 55 years of age, and is equal
to 2.1% of final average salary. For Tier 3 members hired between July
1st, 2009 and March 31st, 2012, this final salary is based on a three-
year average. For Modified Tier 3 members hired after April 1st, 2012,
this final salary is based on a five-year average.
All of these types of pensions, however, are automatically reduced by
50% of the value of the member's Social Security benefit when the reti-
ree reaches the age of 62. This Social Security offset affects Tier 3
members almost exclusively, as both older retirees hired under Tiers 1
and 2 and firefighters retiring under accidental or ordinary disability
benefits are not subject to the offset. Firefighters in the rest of the
state are also immune to the offset as many of them were hired under
later tiers that are not subject to it. Thus, it is only New York City
firefighters hired after July 1st, 2009 that are forced to see their
pensions automatically reduced when they reach the age of 62.
This is clearly unjust, as firefighters in our state's largest city are
putting their lives on the line at the same or greater frequency as
firefighters upstate. Additionally, younger members hired onto the force
should not have to see their pensions cut when they reach age 62 due to
factors that are entirely outside of their control. The Social Security
offset makes it harder to recruit and retain the experienced civil serv-
ants needed to keep New York City safe. This bill provides needed parity
between Tier 3 firefighters and other firefighters in New York State by
eliminating the Social Security offset for their pensions.
 
PRIOR LEGISLATIVE HISTORY:
2024: S5467A - Reported to Finance
2023: S5467 - Referred to Civil Service and Pensions
2022: S6082A - Reported to Finance
2021: S6082 - Referred to Civil Service and Pensions
2020: S8149 - Referred to Civil Service and Pensions
 
FISCAL IMPLICATIONS:
See bill
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S6289: 505 retirement and social security law, 511 retirement and social security law