Bill Text: NY A09634 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes James Unger, a town of West Seneca police officer, to receive certain credit under section 384-d of the retirement and social security law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-28 - referred to governmental employees [A09634 Detail]

Download: New_York-2021-A09634-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9634

                   IN ASSEMBLY

                                     March 28, 2022
                                       ___________

        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Governmental Employees

        AN ACT to authorize James Unger to receive certain 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,  James  Unger,
     2  currently  a  town  of  West Seneca police officer and member of the New
     3  York state and local  police  and  fire  retirement  system  covered  by
     4  section  384-d  of  the  retirement and social security law, who between
     5  January 21, 2003 and September 6, 2006 was employed by the  Erie  county
     6  sheriff's  department  where  he  was a member of the New York state and
     7  local employees' retirement system, and who, for reasons not  ascribable
     8  to  his  own  negligence,  was  not granted service credit under section
     9  384-d of the retirement and  social  security  law  for  his  period  of
    10  employment  with  the Erie county sheriff's department, shall be granted
    11  such service credit under section 384-d of  the  retirement  and  social
    12  security law and shall be entitled to the full rights and benefits asso-
    13  ciated  with  coverage  under  such  section, provided a request to that
    14  effect is filed with the state comptroller  within  one  year  from  the
    15  effective  date  of  this  act.  Prior  to  James  Unger submitting such
    16  request, he must first file an application for tier  reinstatement  with
    17  the  New  York  state and local police and fire retirement system, as he
    18  has previously withdrawn his membership with  the  New  York  state  and
    19  local employees' retirement system. Once any costs associated with James
    20  Unger's  tier  reinstatement to his prior membership are paid in full by
    21  him, he may be granted the service credit and such service  credit  will
    22  be  creditable  service under section 384-d of the retirement and social
    23  security law for James Unger.
    24    § 2. All past service costs incurred in implementing the provisions of
    25  this act shall be borne by the town of West Seneca.
    26    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04185-06-2
        A. 9634                             2

          This bill would grant service credit under section 384-d together with
        384-e of the Retirement and  Social  Security  Law  to  James  Unger,  a
        current  member  of the New York State and Local Police and Fire Retire-
        ment System (PFRS), for the period of January 21, 2003 through September
        6,  2006, while employed as a deputy sheriff for Erie County. Currently,
        deputy sheriff service is not creditable in a  PFRS  twenty-year  police
        retirement  plan.  James Unger is currently employed by the Town of West
        Seneca.
          If this bill is enacted during the  2022  legislative  session,  there
        will  be  an  immediate past service cost of approximately 208,000 which
        will be borne by the Town of West Seneca as  a  one-time  payment.  This
        estimate  is based on the assumption that payment will be made on Febru-
        ary 1, 2023.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 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, 2021
        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  February  14,  2022, and intended for use only
        during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-89,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.