BILL NUMBER: S6321
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to authorize the county of Suffolk and the village of Nissequogue
to offer an optional twenty-year retirement plan to police officer
Bridget Topping
 
PURPOSE:
To authorize Suffolk County and Nissequogue Village to offer an optional
twenty-year retirement plan to Bridget Topping.
 
SUMMARY OF PROVISIONS:
Section 1. Authorizes that Bridget Topping be offered the optional twen-
ty-year retirement plan established pursuant to section 384-d of the
retirement and social security law.
Section 2. Employer past service costs shall be borne by Suffolk County.
Section 3. Effective date.
 
JUSTIFICATION:
Bridget Topping was registered as a Tier 2 member of the New York State
and Local Police & Fire Retirement System (PFRS) on December 6, 2004, in
connection with her employment with the New York State Office of Parks,
Recreation & Historic Preservation. At that time, she was covered under
Retirement and Social Security Law (RSSL) Section 383-a.
In 2014, the Legislature changed the law, adding RSSL section 1201-a
making the default plan for police and fire members employed by an
employer who has elected the benefits of RSSL section 384-d to RSSL
384-d. This was a beneficial change for law enforcement officers and
should have done years ago as most law enforcement officers want to be
in 384-d. However, how they wrote the law was problematic at least for
Officer Topping in that it states, 'members who first become members of
the New York state and local police and fire retirement system on or
after January 1, 2015...
Since Officer Topping was previously a member of PFRS in connection with
her employment as a NYS Police Officer, RSSL 1201-a did not apply to her
and when she became a Suffolk County Police Officer on October 23, 2017,
and she had to be defaulted into the RSSL 375-i general plan. On Novem-
ber 21, 2017, PFRS sent her a letter advising her that she was currently
covered by section 375-i but could elect coverage under section 384-d.
The appropriate forms had to be submitted within one of the dates of her
appointment.
Similarly, a subsequent membership application came in July 2, 2018, for
her part-time employment with the village of Nissequogue as a Police
Officer. Her first day working with the Village was June 6, 2018.
She was covered under 375-i. PFRS sent her a letter dated January 3,
2019 and advised her that she was covered under section 375-i but could
elect coverage under 384-d if she elected coverage within one year of
the date of her appointment.
Unfortunately, PFRS never received the 384-d election form from Officer
Topping until February 14, 2022, for her employment with the Suffolk
County Police Department. By law this was several years too late. There-
fore, PFRS sent her a letter dated March 16, 2022, advising her that she
had to elect coverage under section 384-d within one year of her date of
appointment. Since no election was submitted within one year, she was
not eligible for section 384-d.
Due to these errors, and through no fault of her own, Officer Bridget
Topping should be allowed to participate in the optional twenty-year
retirement plan.
 
LEGISLATIVE HISTORY:
2024 S.6633A/A.6908A
 
FISCAL IMPLICATIONS:
See fiscal note in bill.
 
EFFECTIVE DATE:
Immediately.