BILL NUMBER: S6437
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
providing for the transfer of service credit between certain retirement
systems
 
PURPOSE:
To ensure that Tier 2 police officers in the New York City Police
Pension Fund (NYPPF) who transfer prior non-police service from the New
York City Employees' Retirement System (NYCERS) receive the same retire-
ment eligibility credit as those transferring service from the New York
State and Local Retirement System (NYSLRS), eliminating an inequity in
pension credit.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 2 of subdivision c of section 513 of the
retirement and social security law by adding a new subparagraph (v) to:
1. Make a member of the New York city police pension fund subject to
this article eligible to obtain credit for any period of service
rendered as an assistant district attorney of a county within the city
of New York and/or as an examining attorney for the New York City
Commission to Combat Police Corruption which precedes service in the
uniformed force of the New York city police department.
2. Such service shall be deemed to be in service of the uniformed force
of the New York city police department for purposes of eligibility for
benefits and to determine the amount of benefits under the New York city
police pension fund, provided that such member pays or transfers into
the New York city police pension fund all member contributions set forth
in section five hundred seventeen of this article plus interest, at a
rate of five percent per annum.
3. For a member who transfers such contributions from the New York city
employees' retirement system to the New York city police pension fund or
for a member who withdraws such contributions from the New York city
employees' retirement system, such member's membership in the New York
city employees' retirement system shall cease upon such transfer or
withdrawal and such member shall retain no credited service in such
system.
Section 2 sets the effective date.
 
JUSTIFICATION:
This bill seeks to remedy a glaring inequity facing current police offi-
cers in NYPPF Tier 2 who have prior non-police New York City service
transferred from NYCERS to the PPF. These Tier 2 members are eligible
for a full-service retirement benefit of half their final salary upon
completion of 20 years, however, prior non-police service transferred
from NYCERS is currently credited towards retirement allowance rather
than the years needed for retirement eligibility.
Currently, New York City, through the PPF, has permitted Tier 2 police
officers to apply prior non-police New York State service from the New
York State and Local Retirement System (NYSLRS) to be credited towards
retirement eligibility. Upon transfer or buyback, NYSLRS credit is
deemed as allowable police service and applied towards the 20 years
required for service retirement. NYSLRS titles include non-police and
clerical positions previously held with New York State. Since police
officers with prior New York State non-police service are permitted to
transfer NYSLRS credit and have it deemed as allowable police service,
those police officers with prior New York City non-police service who
transfer NYCERS credit should be granted the same benefit. This bill
will eliminate any distinction and cure the gross inequity between non-
police pension transfers between NYSLRS and NYCERS as it applies to Tier
2 PPF members.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
See Fiscal Note.
 
EFFECTIVE DATE:
This act shall take effect immediately.