BILL NUMBER: S8207
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
eligibility for retirement benefits for certain members of the unified
court system
2.  
SOURCE OF BILL
This bill is being introduced at the request of the Unified Court
System.
3.  
PURPOSE OF BILL
This bill would allow any Tier 6 member who is a uniformed court officer
or peace officer employed by the Unified Court System to retire without
early age reduction upon attaining 30 years of creditable service and
age 55. It will also reduce the normal retirement age from 63 to 62, and
lessen the reductions in benefits for those who retire prior to normal
retirement age.
4.  
SUMMARY OF PROVISIONS
Section 1 of the bill amends subdivision (a) of Section 503 of the
Retirement and Social Security Law by allowing Tier 6 uniformed court
officers or peace officers employed by the Unified Court System into the
age 55 retirement plans already in place for other similar employees,
and reduces the normal retirement age for these employees from 63 to 62.
Section 2 of the bill amends subdivisions (a) and (a-1) of Section 603
of the Retirement and Social Security Law by allowing Tier 6 uniformed
court officers or peace officers employed by the Unified Court System
into the age 55 retirement plans already in place for other similar
employees, and reduces the normal retirement age for these employees
from 63 to 62.
Section 3 of the bill amends subdivisions (a) and (a-1) of Section 604
of the Retirement and Social Security Law by allowing Tier 6 uniformed
court officers or peace officers employed by the Unified Court System
into the age 55 retirement plans already in place for other similar
employees, and reduces the normal retirement age for these employees
from 63 to 62.
Section 4 of the bill amends paragraph 3 of subdivision (i) of Section
603 of the Retirement and Social Security Law by allowing Tier 6
uniformed court officers or peace officers employed by the Unified Court
System into the age 55 retirement plans already in place for other simi-
lar employees, and reduces the normal retirement age for these employees
from 63 to 62.
Section 5 of the bill provides that notwithstanding any other provision
of law to the contrary, this bill is not subject to the appropriition
requirement of Retirement and Social Security Law § 25.
Section 6 of the bill provides that this bill becomes effective imme-
diately.
5.  
JUSTIFICATION
This bill would amend the Retirement and Social Security Law to: (i)
permit uniformed court officers and peace officers employed by the
Unified Court System (UCS) to retire at age 55 without a reduction in
pension benefits, provided they have 30 years of service; (ii) reduce
the normal retirement age for such employees from 63 to 62; and (iii)
lessen the reductions in benefits for those employees who retire prior
to normal retirement age.
Other New York State law enforcement agencies provide more competitive
pension plans, with options to retire with fewer years of service and at
younger ages than UCS can currently offer. For example, New York State
police officers and New York State correction officers both have earlier
retirement opportunities, with 20 years of service and 25 years of
service respectively, regardless of age. The UCS employs highly trained
peace and court officers who protect and serve each and every day,
however they are treated like every other Tier 6 employee, and only are
entitled to retire at age 63, regardless of how many years of service
credit they have accumulated.
This disparity has made it difficult for the UCS to attract and retain
personnel: applications to serve as court officers are far less numerous
than they were in the past and officers who begin with the courts often
transfer to other jurisdictions where their years of service can be
applied to positions that allow for earlier retirement with correspond-
ingly greater pensions. Those difficulties have impeded the courts'
ability to hear cases, as a judge cannot be in a courtroom without an
officer present and officers are needed to transport defendants within
the courthouse and ensure the safety of all present. Adoption of this
measure, while not bringing court officer pensions into parity with
those of police and corrections officers, would enhance the ability of
the court system to recruit and retain more court and peace officers,
and better serve New York State.
6.  
PRIOR LEGISLATIVE HISTORY
Similar versions of this bill have been passed and vetoed in 2016
(A.9440, Veto 245), 2017 (A.3332, Veto 191), 2018 (A.9910, Veto 290),
2019 (A.5940, Veto 249), 2023 (A.5679, Veto 88) and 2024 (S.8788, Veto
107).
7.  
FISCAL IMPLICATIONS
The bill would impose a one-time $21 million cost on the Judiciary in
the first fiscal year and an additional $2 million cost in each subse-
quent fiscal year after enactment. There would be no fiscal impact upon
local governments.
8.  
EFFECTIVE DATE
The bill would take effect immediately.

Statutes affected:
S8207: 503 retirement and social security law, 503(a) retirement and social security law, 603 retirement and social security law, 603(i) retirement and social security law