New York Senate Bill S04436

New York 2025-2026 Regular Session

• Introduced: 2/5/25
• Refer: 2/5/25
• Refer: 1/7/26

Caption

Provides equal retirement benefits for persons who have been appointed to the title of correction lieutenant, correction captain, deputy assistant superintendent and superintendent in the department of corrections and community supervision.

Summary

This bill amends the New York Retirement and Social Security Law to expand eligibility for a particular retirement-plan election within the correctional system. Under current law, only certain superintendents with at least seven years of credited service could elect the age-based retirement plan; the bill adds correction lieutenants, correction captains, deputy assistant superintendents, and superintendents to that group. It also creates a new election window for current employees in those titles, allowing them to opt into the retirement plan within 90 days of appointment or, for those already serving on the effective date, within 90 days after the bill takes effect. The election must be made in writing, filed with the Comptroller, and is irrevocable while the employee remains in one of the covered titles. The bill takes effect immediately. In practical terms, it gives covered Department of Corrections and Community Supervision personnel access to the same retirement option, rather than limiting that option to a narrower class of superintendents with a service-credit threshold.

Impact

The bill would amend section 600 of the Retirement and Social Security Law, changing retirement eligibility rules for certain DOCCS managerial and supervisory titles. It would not alter the underlying retirement system structure, but it would broaden who may choose the age-based plan and when that choice may be made. According to the fiscal note, the measure would create a one-time past service cost of about $40.4 million to the state, but would not increase annual state contributions.

Sentiment

The available record shows no committee transcript or recorded votes, so there is no direct evidence of debate or opposition in the materials provided. The bill’s caption and structure suggest a supportive intent to equalize retirement treatment among similarly situated correctional supervisors. The fiscal note indicates the proposal was analyzed as a benefit expansion with a significant upfront cost, which is likely the main policy consideration surrounding the bill.

Contention

The principal point of contention is fiscal: the bill would require the state to absorb an immediate past service cost estimated at $40.4 million. A second issue is policy scope, because it extends a retirement election previously limited to certain superintendents to additional correctional titles, including lieutenants and captains. Supporters would likely emphasize parity and recruitment/retention for correctional leadership, while critics may focus on the cost and the expansion of retirement benefits beyond the existing service-credit framework.