Grants retroactive tier II membership in the New York state and local police and fire retirement system to Jason Dutcher
This bill grants retroactive Tier II membership in the New York State and Local Police and Fire Retirement System to Jason Dutcher, a current New York State Police employee who is presently a Tier VI member. The bill states that Dutcher was eligible to compete for the December 2008 trooper academy class, requested and received a deferment while serving with the U.S. Department of State in Iraq from June 2007 through June 2010, and then did not join the State Police until November 2012 because of that service and a state police hiring freeze. If he files a written request with the Comptroller within one year of the act’s effective date, his membership date would be changed to December 10, 2008, which would place him in Tier II status for retirement purposes.
The bill also specifies that no member contributions already made by Dutcher to the retirement system will be refunded, and that all past service costs associated with the change will be paid by the State of New York. The act would take effect immediately. The fiscal note estimates an increase in the state’s annual contributions of about $15,000 beginning in fiscal year ending 2027, plus a one-time past service cost of $2,610, with future costs varying based on salary and billing rates.
The bill would create a narrow, individualized exception to retirement system membership rules by altering Jason Dutcher’s date of membership in the New York State and Local Police and Fire Retirement System and effectively restoring Tier II treatment retroactively. It would not amend the general retirement statute for all members, but it would direct the Comptroller to recognize a specific earlier membership date for one employee and shift the resulting actuarial costs to the state. The measure affects the State Police, the retirement system, and state finances, while leaving Dutcher’s prior contributions in place.
The available materials suggest a generally favorable or at least noncontroversial posture toward the bill, as it was introduced by the Committee on Rules at the request of a member of the Assembly and referred to the Committee on Governmental Employees. No committee transcript, recorded vote, or opposing statement is provided, so there is no evidence in the record supplied here of organized opposition or debate. The bill’s framing emphasizes that Dutcher’s delayed entry was due to military-related overseas service and a hiring freeze, which likely supports a sympathetic view of the request.
The main substantive issue is whether a single employee should receive retroactive Tier II retirement status despite actually entering the State Police in 2012 as a Tier VI member. Support for the bill appears to rest on fairness grounds: Dutcher allegedly would have joined earlier but for his service abroad and the hiring freeze. Any concern would likely come from the precedent of granting individualized pension relief and the associated cost to the state, though the fiscal note indicates the financial impact is relatively small. No explicit opposition is documented in the provided materials.