June 20, 2008
Waiting till 65 to give up the badge
The mandatory retirement age for local cops and firefighters would be raised to 65 from 62, allowing officers to collect pensions of up to 67 percent of their final average salary, under a bill that has passed both houses of the Legislature.
Most police officers retire after 20 years with annual pensions equal to 50 percent of their final average salaries, usually swollen by overtime in their final working years. Typically in their 40s when they retire, many seek other jobs, some in police work.
But the opportunity to collect a second 20-year pension may elude them. For example, if a New York City cop retires at 44 and takes a job with the Nassau County Police Department, his dreams of collecting another 20-year pension will collide with the mandatory retirement age of 62.
Most cops and firefighters opt for what is known as a Section 384-d plan that requires them to retire at 62. A small number chose a plan that allows them to work through age 70.
The Police Benevolent Association supports lifting the mandatory retirement age to 65. The bill memo states:
Since Police Officers and Firefighters are customarily in better shape, and have the experience and physical attributes to continue in their employment, this legislation would recognize the experience they possess and permit them to continue for an additional 3 years.
This year's bill memo omits a section from the 2007 memo describing how lucrative the higher retirement age could be for cops.
...Tier II members in the Section 384-d plan who remain enrolled in that plan for the full thirty (30) year eligibility period stand to realize a final pension benefit equal to approximately sixty-six and two-thirds percent (66 2/3%) of the final average salary.
Governor Spitzer vetoed the bill last year, expressing concern that it would:
...extend the time that police officers and firefighters can remain on "light duty" due to injuries and illness incurred the performance of their duties. To address that concern, sponsors amended the bill this year, adding a proviso that police and firefighters "must be capable of performing the duties of their position." No further explanation.
The language does not assuage local government officials. The Conference of Mayors opposes the bill as ""an unfunded mandate". It points out:
...paid police and firefighters who are injured in the performance of their work duties and who are unable to report to work as a result of the injury are entitled to receive a continuation of the full amount of their regular salary or wages for as long as the inability to report to work continues.
The Senate passed the bill 61-0, the Assembly 130-2. It now goes to Governor David Paterson for his approval or veto. As a state senator in 2006, Paterson voted for the measure, which was vetoed by Governor George Pataki.
In 2007, the State Police mandatory retirement age was raised to 60 from 57.
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