Bill Text: NY A08483 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes Christopher R. Sniffen and Cody N. Whittaker to receive certain service credit under section 384-d of the retirement and social security law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-11-27 - SIGNED CHAP.302 [A08483 Detail]

Download: New_York-2019-A08483-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8483--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Governmental Employees -- recommitted to the Committee  on  Govern-
          mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to authorize certain police officers to receive  certain  service
          credit under section 384-d of the retirement and social security law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  Christopher R.  Sniffen and Cody N. Whittaker, members of the  New  York
     3  state and local police and fire retirement system, who were appointed as
     4  police officers with the village of Cobleskill on July 7, 2014, and who,
     5  through  no  fault  of  their  own,  were enrolled to participate in the
     6  special twenty-five year retirement plan contained in section 384 of the
     7  retirement and social security law, shall be given full  credit  in  the
     8  special  twenty  year  retirement plan contained in section 384-d of the
     9  retirement and social security law for such service upon the election of
    10  the village of Cobleskill to assume the additional cost of such service.
    11  The village of Cobleskill may so elect by filing with  the  state  comp-
    12  troller  within 180 days of the effective date of this act, a resolution
    13  of its legislative body, together with certification  that  such  police
    14  officers  did  not  bar themselves from participation in such retirement
    15  plan as a result of their own negligence. Thereafter, such officers  may
    16  elect to be covered by the provisions of section 384-d of the retirement
    17  and  social  security  law, and shall be entitled to the full rights and
    18  benefits associated with  coverage  under  such  section,  by  filing  a
    19  request to this effect with the state comptroller within one year of the
    20  effective date of this act.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13305-03-0

        A. 8483--A                          2

     1    §   2.  All  past  service  costs  associated  with  implementing  the
     2  provisions of this act shall be borne by the village of  Cobleskill  and
     3  may be amortized over a ten year period.
     4    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  will  allow  the  village  of  Cobleskill  to  reopen  the
        provisions of section 384-d of the Retirement and  Social  Security  Law
        for police officers Christopher R. Sniffen and Cody N. Whittaker.
          If  this  bill  is  enacted  during  the 2020 legislative session, and
        Christopher R. Sniffen and Cody N. Whittaker become  covered  under  the
        provisions  of section 384-d, there will be an increase of approximately
        $4,400 in the annual contributions of the village of Cobleskill for  the
        fiscal  year ending March 31, 2021. In future years, this cost will vary
        as the billing rates and salary of these police officers change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $20,200  which  will  be
        borne  by the village of Cobleskill as a one-time payment. This estimate
        is based on the assumption that payment will  be  made  on  February  1,
        2021.  If  the village of Cobleskill elects to amortize this cost over a
        10 year period, the cost for  the  first  year  would  be  approximately
        $2,670.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2019  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018 and 2019 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, 2019
        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 January 2, 2020, and intended for use only during
        the  2020  Legislative  Session, is Fiscal Note No. 2020-22, prepared by
        the Actuary for the New York State and Local Retirement System.
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