STATE OF NEW YORK ________________________________________________________________________ 7023 2025-2026 Regular Sessions IN SENATE March 28, 2025 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to increasing the age of eligibility for provisional or permanent appointment of certain police officers from thirty-five to forty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 58 of the civil 2 service law, as amended by chapter 244 of the laws of 2013, is amended 3 to read as follows: 4 (a) [he or she] such person is not less than twenty years of age as of 5 the date of appointment nor more than [thirty-five] forty years of age 6 as of the date when the applicant takes the written examination, 7 provided that the maximum age requirement of [thirty-five] forty years 8 of age as set forth in this paragraph shall not apply to eligible lists 9 finalized pursuant to an examination administered prior to May thirty- 10 first, nineteen hundred ninety-nine or a police officer in the depart- 11 ment of environmental conservation, provided, however, that: 12 (i) time spent on military duty or on terminal leave, not exceeding a 13 total of six years, shall be subtracted from the age of any applicant 14 who has passed [his or her] their [thirty-fifth] fortieth birthday as 15 provided in subdivision ten-a of section two hundred forty-three of the 16 military law; 17 (ii) such maximum age requirement of [thirty-five] forty years shall 18 not apply to any police officer as defined in subdivision thirty-four of 19 section 1.20 of the criminal procedure law, who was continuously 20 employed by the Buffalo municipal housing authority between January 21 first, two thousand five and June thirtieth, two thousand five and who 22 takes the next written exam offered after the effective date of this 23 subparagraph by the city of Buffalo civil service commission for employ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03547-02-5
S. 7023 2 1 ment as a police officer in the city of Buffalo police department, or 2 June thirtieth, two thousand six, whichever is later; and 3 (iii) such maximum age requirement of [thirty-five] forty years shall 4 not apply to any police officer of any county, town, city or village 5 police force not otherwise provided for in this section if the eligible 6 list has been exhausted and there are no other eligible candidates; 7 provided, however, the police officer themselves are on the eligible 8 list of such county, town, city or village and meet all other require- 9 ments of merit and fitness set forth by this chapter and do not exceed 10 the maximum age of [thirty-nine] forty-four; 11 § 2. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend the Civil Service Law to increase the maximum age for appointment as a police officer of the department of environ- mental conservation or of any police force or police department of any county, city, town, village, housing authority or police district to forty years of age. Currently, the maximum age for appointment is thir- ty-five years. If this bill is enacted during the 2025 Legislative Session, it is anticipated that there would be a broader group of eligible police offi- cers to become members in the New York State and Local Police and Fire Retirement System (NYSLPFRS). These members would accrue benefits that would be funded by the normal employer contributions, and we do not anticipate any increases in the annual contribution rates for the participating employers in the NYSLPFRS. 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 20, 2025, and intended for use only during the 2025 Legislative Session, is Fiscal Note No. 2025-32. 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.