Exempts the chief of police of the town of Southampton, county of Suffolk, from mandatory age requirements; authorizes such chief of police to remain in service until such member has attained the age of 65.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10136
SPONSOR: Rules (Thiele) TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
the mandatory age of the members of the town of Southampton police
department
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the mandatory age of the Chief of the Town of Southampton
Police Department.
SUMMARY OF PROVISIONS:
Section 1. Amends subdivision m of Section 384-d of the Retirement and
Social Security Law to permit the Town Board to permit members of the
Southampton Police Department who holds the rank of chief to remain in
service until the age of 65
Section 2. Immediate effective date.
JUSTIFICATION:
This legislation was introduced on behalf of the Southampton Town Board
to amend Section 384-d(m) to allow a police officer employed by the Town
of Southampton who holds the rank of chief to remain in active service
until attaining age 65. Currently, such officers must separate from
service after attaining age 60.
By virtue of a court decision interpreting Section 384-d(m) of the
Retirement and Social Security Law, it has been determined that South-
ampton police officers may avoid the mandatory age and separation from
service provisions of said statute by switching to the 25-year retire-
ment plan, which carries a mandatory retirement age of 70. However, the
Southampton Town Board has found that it is in the public interest to
permit the Town to retain certain more experienced high-ranking officers
to assume the role of the Chief of the Southampton Town Police Depart-
ment without requiring them to switch to the 25-year year retirement
plan. This legislation is necessary to add the necessary provisions to
permit the Southampton Town Board to permit members of the Southampton
Police Department who hold the rank of chief to remain in service until
the age of 65 and remain in the current 20-year retirement plan provided
for in Section 384-d(m) of the Retirement and Social Security Law.
PRIOR LEGISLATIVE HISTORY:
2024: New Legislation
FISCAL IMPLICATIONS:
The Actuary for the New York State and Local Retirement System estimates
that if this bill is enacted in the 2024 Legislative Session, there
could be additional benefits for certain members who remain in active
service beyond age 60, which would be funded by the normal employer
contributions. If such members delay separation of service due to the
enactment of this bill, the System does not anticipate any increases in
the annual contribution rates for the Town of Southampton.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10136
IN ASSEMBLY
May 9, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
the mandatory age of the members of the town of Southampton police
department
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision m of section 384-d of the retirement and social
2 security law, as amended by chapter 476 of the laws of 2015, is amended
3 to read as follows:
4 m. Notwithstanding any inconsistent provision of law, if the town
5 board of the town of Southampton elects to make the benefits of this
6 section available to the members of its police department, each member
7 of such department shall be separated from service upon completion of
8 twenty years of service, provided, however, that the town board may
9 permit a member to continue in service on an annual basis after the
10 completion of twenty years of service, but in no event shall such annual
11 service be continued after a member has attained age sixty unless such
12 member has not attained twenty years of service, except however, that a
13 member of such department who holds the rank of chief within such
14 department may be permitted by the town board to remain in service until
15 such member has attained the age of sixty-five.
16 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision m of Section 384-d of the Retirement
and Social Security Law to allow a police officer employed by the Town
of Southampton who holds the rank of chief to remain in active service
until attaining age 65. Currently, such officers must separate from
service after attaining age 60.
If this bill is enacted during the 2024 Legislative Session, there
could be additional benefits for certain members who remain in active
service beyond age 60, which would be funded by the normal employer
contributions. If such members delay separation of service due to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15297-03-4
A. 10136 2
enactment of this bill, we do not anticipate any increases in the annual
contribution rates for the Town of Southampton.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
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 May 3, 2024, and intended for use only during the
2024 Legislative Session, is Fiscal Note No. 2024-172, prepared by the
Actuary for the New York State and Local Retirement System.
