BILL NUMBER: S8006A
SPONSOR: JACKSON
 
TITLE OF BILL:
An act in relation to authorizing the county of Dutchess to offer an
optional twenty-five year retirement plan to certain deputy sheriffs
employed by such county
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide certain members employed by the Dutchess County Sheriff's
Department who did not timely receive the information necessary to elect
the benefits provided by section 551 of the Retirement and Social Secu-
rity Law the ability to make such an election.
 
SUMMARY OF PROVISIONS:
Section one of this bill provides that the named Dutchess County Sher-
iff's Department employees will be provided with the information neces-
sary to elect the benefits provided by Retirement and Social Security
Law section 551 as long as Dutchess County files an election to provide
such opportunity with the Comptroller within 180 days of the effective
date of this Act.
Section two of this bill provided that to the extent practicable, Dutch-
ess County will post the election form to its website and provide
assistance to Dutchess County Sheriff's Department employees qualified
to elect the benefits provided by Retirement and Social Security Law
section 551.
Section three of this bill provides that all of the implementation costs
associated with this Act shall be borne by Dutchess County and may be
amortized over 5 years.
Section four of this bill provides that this act shall take effect imme-
diately.
 
JUSTIFICATION:
For more than twenty-five years, there has been a 60,4*on/1ct when
advising eligible new Dutchess County Sheriff's Office employees of
their right to elect to be covered by the provisions of Retirement and
Social Security Law section 551 instead of being covered by the
provisions of Retirement and Social Security Law section 89-p. As
evidenced by the list of names and hire dates listed in this legis-
lation, this disconnect has been going on for years, depriving eligible
members in the Dutchess County Sheriff's Office of their right to elect
the provisions of section 551.
Deputies employed by the Dutchess County Sheriff's Office have a job
which often involves a certain level of risk to their safety. Current-
ly, a substantial portion of Deputies are enrolled in the section 89-p
Retirement Plan rather than the section 551 Retirement Plan at no fault
of their own. While both plans' service retirement benefit provided by
both plans is almost identical, the "Line of Duty Disability" benefit
under section 89-p pales in comparison to the benefit provided under
section 551.
These Deputies risk their safety daily and if they suffer an injury on
the job that results in a permanent inability to perform their duties,
they will not be able to continue providing for their families. If
enacted, this bill would allow those deputies currently enrolled in this
section 89-p plan the opportunity to enroll in section 551 plan, thereby
making them eligible for this increased disability retirement benefit
and offering them some protection in the unfortunate event that this
occurs.
The failure of the employees listed in this legislation to elect the
section 551 benefits was not their fault. They simply were not notified
of the election and thus, could not act in a timely manner. This legis-
lation would end the cycle of failed notification and lost election
opportunities that has continued for over twenty-five years.
 
PRIOR LEGISLATIVE HISTORY:
2025- S8006 - Referred to Civil Service and Pensions
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.