BILL NUMBER: S9378
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
the eligibility of certain participants in the New York city employees'
retirement system to opt into the twenty-five year retirement program
for EMT members
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 3 of subdivision b of Section 604-E of the
Retirement and Social Security Law to provide New York City EMT members
with the option to opt into a 25-year retirement program if the EMT
files a duly executed election form with the retirement system within
180 days after the effective date of this bill.
Section 2 is the effective date.
 
JUSTIFICATION:
The Twenty-Five Year Retirement Program for EMT members provides EMTs
and Paramedics with an opportunity to retire with a full pension after
25 years of service, regardless of age. The job performed by these
covered emergency medical clinicians is hazardous and extremely stress-
ful. The early retirement opportunity has been extended to the, as with
other uniformed service workers, in recognition of the vital service
they provide to members of the public. However, the right to participate
in the program is conditioned on the member's paying substantial addi-
tional member contributions to the Retirement System, specifically 6.25%
of their salary. While those hired into covered employment are mandated
into the program, the law makes an exception for persons who were older
than 25 years of age at the time of hire. These individuals have been
permitted to opt out of the program, provided they elect to do so within
180 days of their hire date. Over the years since the law was enacted, a
small group of covered employees have opted out. A number of these now
recognize that this was a mistake that was not apparent to them when
they were young and first hired. If adopted, this bill will give these
persons a one-time opportunity to reverse tha t choice and opt into the
program, provided that they make that election with 180 days of the date
of enactment and agreed to make all the additional member contributions
that they would have made had they not opted out when they were hired,
plus interest. Allowing these individuals to opt in will only put them
in a position equivalent to their coworkers hired at the same time who
did not opt out. Moreover, by conditioning the opt-in on the partic-
ipant's payment of all of the past AMCs and interest, there should be no
material fiscal impact on the plan.
 
LEGISLATIVE HISTORY:
2023-2024: S.6976/ A.7420 - vetoed by the Governor
2025: S4598 - vetoed by the Governor
 
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9378: 604-e retirement and social security law, 604-e(b) retirement and social security law