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S T A T E O F N E W Y O R K
________________________________________________________________________
5754
2025-2026 Regular Sessions
I N S E N A T E
February 28, 2025
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
an optional twenty-five year retirement plan for fire marshals I and
supervisors of such title in Suffolk county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 604 of the retirement and social security law is
2 amended by adding a new subdivision w to read as follows:
3 W. THE EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO IS EMPLOYED
4 BY THE COUNTY OF SUFFOLK OR A PARTICIPATING EMPLOYER THAT IS A TOWN OR
5 VILLAGE IN THE COUNTY OF SUFFOLK THAT MAKES THE ELECTION PROVIDED FOR IN
6 SUBDIVISION J OF SECTION EIGHTY-NINE-Y OF THIS CHAPTER AS A FIRE MARSHAL
7 I OR SUPERVISOR OF SUCH TITLE AS DEFINED IN SECTION EIGHTY-NINE-Y OF
8 THIS CHAPTER SHALL BE A PENSION EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE
9 SALARY TIMES YEARS OF CREDITED SERVICE AT THE COMPLETION OF TWENTY-FIVE
10 YEARS OF SERVICE AS A FIRE MARSHAL I OR SUPERVISOR OF SUCH TITLE IN THE
11 COUNTY OF SUFFOLK OR A PARTICIPATING EMPLOYER THAT IS A TOWN OR VILLAGE
12 IN THE COUNTY OF SUFFOLK BUT NOT EXCEEDING ONE-HALF OF SUCH MEMBER'S
13 FINAL AVERAGE SALARY; FOR SERVICE BEYOND TWENTY-FIVE YEARS THE BENEFITS
14 SHALL INCREASE BY ONE-SIXTIETH OF FINAL AVERAGE SALARY FOR EACH YEAR OF
15 ADDITIONAL SERVICE CREDIT PROVIDED, HOWEVER, THAT THE TOTAL ALLOWANCE
16 PAYABLE PURSUANT TO THIS SECTION SHALL NOT EXCEED THREE-FOURTHS OF SUCH
17 MEMBER'S FINAL AVERAGE SALARY.
18 § 2. The retirement and social security law is amended by adding a new
19 section 89-y to read as follows:
20 § 89-Y. RETIREMENT OF MEMBERS EMPLOYED AS A FIRE MARSHAL I OR SUPERVI-
21 SOR OF SUCH TITLE IN THE COUNTY OF SUFFOLK OR A PARTICIPATING EMPLOYER
22 THAT IS A TOWN OR VILLAGE IN THE COUNTY OF SUFFOLK. A. ANY MEMBER
23 EMPLOYED ON OR BEFORE THE ENACTMENT OF THIS SECTION AS A FIRE MARSHAL I
24 OR SUPERVISOR OF SUCH TITLE UPON AN ELECTION BY THE COUNTY OF SUFFOLK OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02740-02-5
S. 5754 2
1 A PARTICIPATING EMPLOYER THAT IS A TOWN OR VILLAGE IN THE COUNTY OF
2 SUFFOLK SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS
3 SECTION. SUCH ELIGIBILITY SHALL BE AN ALTERNATIVE TO THE ELIGIBILITY
4 PROVISIONS AVAILABLE UNDER ANY OTHER PLAN OF THIS ARTICLE TO WHICH SUCH
5 MEMBER IS SUBJECT.
6 B. SUCH MEMBER SHALL BE ENTITLED TO RETIRE UPON THE COMPLETION OF
7 TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION
8 THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
9 C. UPON COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON
10 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER
11 WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF ACCUMULATED
12 CONTRIBUTIONS AT THE TIME OF RETIREMENT AND AN ADDITIONAL PENSION WHICH
13 IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-INCREASED-TAKE-HOME-PAY
14 TO WHICH SUCH MEMBER MAY THEN BE ENTITLED SHALL BE SUFFICIENT TO PROVIDE
15 A RETIREMENT ALLOWANCE EQUAL TO ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE
16 SALARY.
17 D. AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ALL
18 SERVICES PERFORMED AS A FIRE MARSHAL I OR SUPERVISOR OF SUCH TITLE
19 EMPLOYED BY THE COUNTY OF SUFFOLK OR A PARTICIPATING EMPLOYER THAT IS A
20 TOWN OR VILLAGE IN THE COUNTY OF SUFFOLK THAT HAS ELECTED TO PROVIDE THE
21 BENEFITS PROVIDED BY THIS SECTION.
22 E. CREDIT FOR SERVICE AS A PAID FIREFIGHTER OR OFFICER OF ANY ORGAN-
23 IZED FIRE DEPARTMENT SHALL ALSO BE DEEMED TO BE CREDITABLE SERVICE AND
24 SHALL BE INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE FOR RETIREMENT
25 PURSUANT TO THIS SECTION.
26 F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE TIME OF
27 RETIREMENT, MAY RETIRE AFTER THE COMPLETION OF TWENTY-FIVE YEARS OF
28 TOTAL CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A MANNER
29 SIMILAR TO THAT PROVIDED IN SECTION SEVENTY OF THIS ARTICLE. UPON
30 COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICE AND UPON RETIREMENT,
31 EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY
32 WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF ACCUMULATED CONTRIBUTIONS AT
33 THE TIME OF RETIREMENT AND AN ADDITIONAL PENSION WHICH IS THE ACTUARIAL
34 EQUIVALENT OF THE RESERVED-FOR-INCREASED-TAKE-HOME-PAY TO WHICH SUCH
35 MEMBER MAY THEN BE ENTITLED SHALL BE SUFFICIENT TO PROVIDE A RETIREMENT
36 ALLOWANCE EQUAL TO ONE-HALF OF SUCH MEMBER'S FINAL AVERAGE SALARY; FOR
37 SERVICE BEYOND TWENTY-FIVE YEARS THE BENEFIT IS INCREASED BY ONE-SIXTI-
38 ETH OF FINAL AVERAGE SALARY FOR EACH YEAR OF ADDITIONAL SERVICE CREDIT
39 PROVIDED, HOWEVER, THAT THE TOTAL ALLOWANCE PAYABLE PURSUANT TO THIS
40 SECTION SHALL NOT EXCEED THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE
41 SALARY.
42 G. IN COMPUTING THE TWENTY-FIVE YEARS OF TOTAL SERVICE OF A MEMBER
43 PURSUANT TO THIS SECTION FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE
44 SHALL BE MADE FOR SERVICE OF SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR
45 I AS DEFINED IN SECTION TWO OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE
46 TIME OF ENTRANCE INTO THE ARMED FORCES WAS EMPLOYED BY A PARTICIPATING
47 EMPLOYER PURSUANT TO THIS SECTION.
48 H. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
49 DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
50 ING SERVICE WHICH IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
51 THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY OTHER
52 PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
53 I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
54 ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY.
55 J. SUFFOLK COUNTY, OR A TOWN OR VILLAGE IN THE COUNTY OF SUFFOLK THAT
56 ELECTS PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL PAY THE COST
S. 5754 3
1 ATTRIBUTABLE THEREFOR. THE BENEFITS OF THIS SECTION SHALL BE AVAILABLE
2 ONLY TO THOSE MEMBERS DEFINED IN SUBDIVISION A OF THIS SECTION WHOSE
3 EMPLOYER ELECTS TO PROVIDE SUCH BENEFITS BY ADOPTING A RESOLUTION TO
4 SUCH EFFECT AND FILING A CERTIFIED COPY THEREOF WITH THE COMPTROLLER.
5 SUCH RESOLUTION SHALL BE ACCOMPANIED BY THE AFFIDAVIT OF THE CHIEF EXEC-
6 UTIVE OFFICER OF THE COUNTY OF SUFFOLK OR A TOWN OR VILLAGE IN THE COUN-
7 TY OF SUFFOLK THAT THE COUNTY, TOWN OR VILLAGE HAS RECEIVED AN ESTIMATE
8 FROM THE RETIREMENT SYSTEM OF THE COST OF THE BENEFIT PROVIDED BY THIS
9 SECTION. SUCH RESOLUTION SHALL APPLY TO ALL MEMBERS DEFINED IN SUBDIVI-
10 SION A OF THIS SECTION.
11 § 3. Section 603 of the retirement and social security law is amended
12 by adding a new subdivision w to read as follows:
13 W. THE SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED
14 FOUR OF THIS ARTICLE SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE YEARS
15 OF CREDITABLE SERVICE, WITHOUT REGARD TO AGE, WHO ARE EMPLOYED BY THE
16 COUNTY OF SUFFOLK OR A PARTICIPATING EMPLOYER THAT IS A TOWN OR VILLAGE
17 IN THE COUNTY OF SUFFOLK THAT MAKES THE ELECTION PROVIDED FOR IN SUBDI-
18 VISION J OF SECTION EIGHTY-NINE-Y OF THIS CHAPTER AS A FIRE MARSHAL I OR
19 SUPERVISOR OF SUCH TITLE AS DEFINED IN SECTION EIGHTY-NINE-Y OF THIS
20 CHAPTER IF: (I) SUCH MEMBERS HAVE MET THE MINIMUM SERVICE REQUIREMENTS
21 UPON RETIREMENT; AND (II) IN THE CASE OF A MEMBER SUBJECT TO THE
22 PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER, SUCH MEMBER FILES AN
23 ELECTION THEREFOR WHICH PROVIDES THAT SUCH MEMBER SHALL BE SUBJECT TO
24 THE PROVISIONS OF THIS ARTICLE AND TO NONE OF THE PROVISIONS OF SUCH
25 ARTICLE FOURTEEN. SUCH ELECTION, WHICH SHALL BE IRREVOCABLE, SHALL BE IN
26 WRITING, DULY EXECUTED AND SHALL BE FILED WITH THE COMPTROLLER WITHIN
27 ONE YEAR OF THE ELECTION SUCH MEMBER'S EMPLOYER MAKES PURSUANT TO SUBDI-
28 VISION J OF SECTION EIGHTY-NINE-Y OF THIS CHAPTER OR WITHIN ONE YEAR
29 AFTER ENTERING THE EMPLOYMENT WITH THE PARTICIPATING SUFFOLK COUNTY
30 EMPLOYER UPON WHICH ELIGIBILITY IS BASED, WHICHEVER COMES LATER. FOR THE
31 PURPOSES OF THIS SUBDIVISION, THE TERM "CREDITABLE SERVICE" SHALL HAVE
32 THE MEANING AS SO DEFINED IN BOTH SECTIONS EIGHTY-NINE-Y AND SIX HUNDRED
33 ONE OF THIS CHAPTER.
34 § 4. Subdivision a of section 445 of the retirement and social securi-
35 ty law, as amended by chapter 714 of the laws of 2023, is amended to
36 read as follows:
37 a. No member of a retirement system who is subject to the provisions
38 of this article shall retire without regard to age, exclusive of retire-
39 ment for disability, unless [he or she] SUCH MEMBER is a police officer,
40 an investigator member of the New York city employees' retirement
41 system, firefighter, correction officer, a qualifying member as defined
42 in section eighty-nine-t, as added by chapter six hundred fifty-seven of
43 the laws of nineteen hundred ninety-eight, of this chapter, sanitation
44 worker, a special officer (including persons employed by the city of New
45 York in the title urban park ranger or associate urban park ranger),
46 school safety agent, campus peace officer or a taxi and limousine
47 commission inspector member of the New York city employees' retirement
48 system or the New York city board of education retirement system, a
49 dispatcher member of the New York city employees' retirement system, a
50 police communications member of the New York city employees' retirement
51 system, an EMT member of the New York city employees' retirement system,
52 a deputy sheriff member of the New York city employees' retirement
53 system, a correction officer of the Westchester county correction
54 department as defined in section eighty-nine-e of this chapter or
55 employed in Suffolk county as a peace officer, as defined in section
56 eighty-nine-s, as added by chapter five hundred eighty-eight of the laws
S. 5754 4
1 of nineteen hundred ninety-seven, of this chapter, employed in Suffolk
2 county as a correction officer, as defined in section eighty-nine-f of
3 this chapter, or employed in Nassau county as a correction officer,
4 uniformed correction division personnel, sheriff, undersheriff or deputy
5 sheriff, as defined in section eighty-nine-g of this chapter, or
6 employed in Nassau county as an ambulance medical technician, an ambu-
7 lance medical technician/supervisor or a member who performs ambulance
8 medical technician related services, or a police medic, police medic
9 supervisor or a member who performs police medic related services, as
10 defined in section eighty-nine-s, as amended by chapter five hundred
11 seventy-eight of the laws of nineteen hundred ninety-eight, of this
12 chapter, or employed in Nassau county as a peace officer, as defined in
13 section eighty-nine-s, as added by chapter five hundred ninety-five of
14 the laws of nineteen hundred ninety-seven, of this chapter, or employed
15 in Albany county as a sheriff, undersheriff, deputy sheriff, correction
16 officer or identification officer, as defined in section eighty-nine-h
17 of this chapter or is employed in St. Lawrence county as a sheriff,
18 undersheriff, deputy sheriff or correction officer, as defined in
19 section eighty-nine-i of this chapter or is employed in Orleans county
20 as a sheriff, undersheriff, deputy sheriff or correction officer, as
21 defined in section eighty-nine-l of this chapter or is employed in
22 Jefferson county as a sheriff, undersheriff, deputy sheriff or
23 correction officer, as defined in section eighty-nine-j of this chapter
24 or is employed in Onondaga county as a deputy sheriff-jail division
25 competitively appointed or as a correction officer, as defined in
26 section eighty-nine-k of this chapter or is employed in a county which
27 makes an election under subdivision j of section eighty-nine-p of this
28 chapter as a sheriff, undersheriff, deputy sheriff or correction officer
29 as defined in such section eighty-nine-p or is employed in Broome County
30 as a sheriff, undersheriff, deputy sheriff or correction officer, as
31 defined in section eighty-nine-m of this chapter or is a Monroe county
32 deputy sheriff-court security, or deputy sheriff-jailor as defined in
33 section eighty-nine-n, as added by chapter five hundred ninety-seven of
34 the laws of nineteen hundred ninety-one, of this chapter or is employed
35 in Greene county as a sheriff, undersheriff, deputy sheriff or
36 correction officer, as defined in section eighty-nine-o of this chapter
37 or is a traffic officer with the town of Elmira as defined in section
38 eighty-nine-q of this chapter or is employed by Suffolk county as a park
39 police officer, as defined in section eighty-nine-r of this chapter or
40 is a peace officer employed by a county probation department as defined
41 in section eighty-nine-t, as added by chapter six hundred three of the
42 laws of nineteen hundred ninety-eight, of this chapter or is employed in
43 Rockland county as a deputy sheriff-civil as defined in section eighty-
44 nine-v of this chapter as added by chapter four hundred forty-one of the
45 laws of two thousand one, or is employed in Rockland county as a superi-
46 or correction officer as defined in section eighty-nine-v of this chap-
47 ter as added by chapter five hundred fifty-six of the laws of two thou-
48 sand one or is a paramedic employed by the police department in the town
49 of Tonawanda and retires under the provisions of section eighty-nine-v
50 of this chapter, as added by chapter four hundred seventy-two of the
51 laws of two thousand one, or is a county fire marshal, supervising fire
52 marshal, fire marshal, assistant fire marshal, assistant chief fire
53 marshal, chief fire marshal, division supervising fire marshal or fire
54 marshal trainee employed by the county of Nassau as defined in section
55 eighty-nine-w of this chapter or is employed in Monroe county as a depu-
56 ty sheriff-civil as defined in section eighty-nine-x of this chapter,
S. 5754 5
1 employed as an emergency medical technician, critical care technician,
2 advanced emergency medical technician, paramedic or supervisor of such
3 titles in a participating Suffolk county fire district as defined in
4 section eighty-nine-ss of this chapter, EMPLOYED AS A FIRE MARSHAL I OR
5 SUPERVISOR OF SUCH TITLE IN THE COUNTY OF SUFFOLK OR A PARTICIPATING
6 EMPLOYER THAT IS A TOWN OR VILLAGE IN THE COUNTY OF SUFFOLK AS DEFINED
7 IN SECTION EIGHTY-NINE-Y OF THIS CHAPTER, and is in a plan which permits
8 immediate retirement upon completion of a specified period of service
9 without regard to age. Except as provided in subdivision c of section
10 four hundred forty-five-a of this article, subdivision c of section four
11 hundred forty-five-b of this article, subdivision c of section four
12 hundred forty-five-c of this article, subdivision c of section four
13 hundred forty-five-d of this article, subdivision c of section four
14 hundred forty-five-e of this article, subdivision c of section four
15 hundred forty-five-f of this article and subdivision c of section four
16 hundred forty-five-h of this article, a member in such a plan and such
17 an occupation, other than a police officer or investigator member of the
18 New York city employees' retirement system or a firefighter, shall not
19 be permitted to retire prior to the completion of twenty-five years of
20 credited service; provided, however, if such a member in such an occupa-
21 tion is in a plan which permits retirement upon completion of twenty
22 years of service regardless of age, [he or she] SUCH MEMBER may retire
23 upon completion of twenty years of credited service and prior to the
24 completion of twenty-five years of service, but in such event the bene-
25 fit provided from funds other than those based on such a member's own
26 contributions shall not exceed two per centum of final average salary
27 per each year of credited service.
28 § 5. All past service costs associated with implementing the
29 provisions of this act shall be borne by a participating employer that
30 makes the election provided for in subdivision 89-y of the retirement
31 and social security law.
32 § 6. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Suffolk County or any town or village in Suffolk
County that participates in the New York State and Local Employees'
Retirement System to elect to provide individuals employed in the title
of Fire Marshal I or supervisors of such title, the option to retire
upon completion of twenty-five years of creditable service with a bene-
fit of one-half of final average salary (FAS) and an additional benefit
of one-sixtieth of FAS for each year of creditable service in excess of
twenty-five years, not to exceed three-fourths (75%) of FAS. Addi-
tionally, members covered under Article 14 would be permitted one year
to make an irrevocable election to switch to the twenty-five-year plan
benefit.
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase in the annual contributions of an
electing employer of approximately 6% of the salary paid to eligible
members for the fiscal year ending March 31, 2026. In future years this
cost will vary as the billing rates and salary of the affected members
change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost which will be borne by an electing
employer as a one-time payment. This cost is expected to average approx-
imately 40% of the salary paid to employees in covered titles.
Further, we anticipate additional administrative costs to implement
the provisions of this legislation.
S. 5754 6
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
Prior to electing to provide these benefits, an employer would be
required to submit a roster of eligible members to the New York State
and Local Retirement System. This roster would be used to determine an
exact cost to the individual employer electing to provide these bene-
fits.
Summary of relevant resources:
Membership data as of March 31, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report. The actuarial assumptions and methods used are described in the
2024 Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control. The Market Assets and GASB Disclosures are found in the March
31, 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 26, 2025, and intended for use only
during the 2025 Legislative Session, is Fiscal Note No. 2025-25. As
Chief Actuary of the New York State and Local Retirement System, I,
Aaron Schottin Young, hereby certify that this analysis complies with
applicable Actuarial Standards of Practice as well as the Code of
Professional Conduct and Qualification Standards for Actuaries Issuing
Statements of Actuarial Opinion of the American Academy of Actuaries, of
which I am a member.