BILL NUMBER: S9356
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the retirement and social security law and the adminis-
trative code of the city of New York, in relation to the establishment
of twenty-five year retirement programs for members of the New York city
employees' retirement system employed as water supply police; and in
relation to providing for employer pick up, pursuant to provisions of
the internal revenue code, of certain additional member contributions
required to be made by certain participants in the twenty-five year
retirement programs; and providing for the repeal of certain provisions
upon expiration thereof
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish a twenty-five year retirement program for members of the
NYC Employees' retirement system employed as water supply police (NYC
DEP)
 
SUMMARY OF PROVISIONS:
This legislation would amend certain provisions of the retirement and
social security law and the administrative code of the city of New York,
and add to the retirement and social security law, sections 445-j and
604-j to establish a 25-year retirement program for tier 2, 4 and 6
members of the New York City Employees' Retirement System who are
employed in the title of Water Supply Police (WSP 25-Year Plan).
 
JUSTIFICATION:
Currently Water Supply Police members participate in one of the NYCERS
general plans. Basic Tier 4 62/5 Plan, Tier 6 63/10 Plan or Improved
Tier 4 57/5, 55/25 Plans. This legislation would provide for a service
retirement benefit upon obtaining 25 years of any NYCERS credited
service, including service as a New York City Water Supply Police member
a benefit equal to 50% of the Final Average Salary for the first 25
years of credited service, plus 2% of the Final Average Salary for each
additional year of credited service up to a maximum of 30 years of such
service. In addition, members of the proposed WSP 25 year plan are enti-
tled to the same disability and death benefits as other Tier 4 and 6
members under the respective plans.
The water supply police are the law enforcement entity for the New York
City Department of Environmental Protection that is responsible for the
protection of the New York City water supply and the associated critical
infrastructure from terrorism, pollution and crime. New York City's
water supply provides. more than one billion gallons of water each day
to more than nine million residents, including eight million in New York
City.
Police officers, in general, have one of the highest rates of heart
disease, high blood pressure, stress and other health related problems.
The physical deterioration and emotional stress, which police officers
encounter, is evidence of the necessity to maintain a young and vigorous
force. As such, a service-based retirement plan (as opposed to an age-
based plan) provides the ability for such officers to retire after a
specified number of years, which, in turn, allows the hiring of younger
individuals. This legislation will accomplish the goal of maintaining a
younger police force that corresponds to the demands of the job.
In the past a significant number of officers have left service for other
police departments over this retirement issue. It is anticipated that
this "train and transfer" dilemma will increase as current hires would
have to wait until age 63 to retire under recent amendments to the New
York City Employees' Retirement System. It is only fitting that this
legislation be enacted to give them parity with other police force
members who are in 25-year retirement plans.
 
PRIOR LEGISLATIVE HISTORY:
2025: S7843(Kavanagh)/ A8674(Pheffer-Amato)- Veto memo.156
 
FISCAL IMPLICATIONS:
Please see the bill.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however that: (a) the
amendments to subdivision a of section 603 of the retirement and social
security law made by section eleven of this act shall not affect the
expiration of such subdivision as provided in subdivision (b) of section
13 of chapter 682 of the laws of 2003, and shall expire therewith; (b)
the provisions of section six of this act shall remain in force and
effect only so long as, pursuant to federal law contributions picked up
under 613 of the retirement and social security law are not includable
as gross income of a member for federal income tax purposes until
distributed or made available to the member; and (c) the amendments to
provisions of section 13-125.2 of the administrative code of the city of
New York made by sections seven, eight, nine and ten of this act shall
not affect the expiration of such provisions as provided for in chapter
681 of the laws of 1992, as amended.

Statutes affected:
S9356: 440 retirement and social security law, 440(b) retirement and social security law