Bill Text: NY A10340 | 2023-2024 | General Assembly | Introduced


Bill Title: Grants David M. Sturtz retroactive retirement service credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-17 - referred to governmental employees [A10340 Detail]

Download: New_York-2023-A10340-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10340

                   IN ASSEMBLY

                                      May 17, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
          read once and referred to the Committee on Governmental Employees

        AN ACT granting retroactive retirement service credit to David M. Sturtz

          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, David M.
     2  Sturtz, currently a village of Liverpool police officer  and  member  of
     3  the  New  York state and local police and fire retirement system covered
     4  by section 384-d of the retirement and social security law, who  between
     5  October  14, 2002 and April 12, 2011 was employed by the Onondaga 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  Onondaga  county  sheriff's  department,  shall  be
    11  granted  such  service  credit under section 384-d of the retirement and
    12  social security law and shall be entitled to the full rights  and  bene-
    13  fits  associated with coverage under such section, provided a request to
    14  that effect is filed with the state comptroller within one year from the
    15  effective date of this act.  Prior to David M.  Sturtz  submitting  such
    16  request,  he  shall first file an application for transfer of membership
    17  with the New York state and local employees' retirement system. Upon the
    18  completion of such transfer, David M. Sturtz  shall  not  be  granted  a
    19  refund  of  any employee contributions made by him to the New York state
    20  and local employees' retirement system.
    21    § 2. All past services costs associated  with  the  implementation  of
    22  this act shall be borne by the village of Liverpool.
    23    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  grant  service  credit  under  section 384-d of the
        Retirement and Social Security Law (RSSL) to David M. Sturtz, a  current
        member of the New York State and Local Police and Fire Retirement System
        (NYSLPFRS) employed by the Village of Liverpool, for the period of Octo-
        ber  14,  2002  through  April  12,  2011,  during  which time they were

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15444-04-4

        A. 10340                            2

        employed by the Onondaga County sheriff's  department.  Currently,  such
        service  with the Onondaga County sheriff's department is not creditable
        in a NYSLPFRS twenty-year police retirement plan.
          If this bill is enacted during the 2024 Legislative Session, we antic-
        ipate  that  there  will  be  an increase of approximately $1,800 in the
        annual contributions of the Village of Liverpool  for  the  fiscal  year
        ending  March 31, 2025. In future years this cost will vary as the bill-
        ing rates and salary of David M. Sturtz change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $274,000 which  will  be
        borne  by  the Village of Liverpool as a one-time payment. This estimate
        assumes that payment will be made on February 1, 2025.
          This bill will not increase the future  annual  contributions  of  the
        Village of Liverpool.
          David M. Sturtz must transfer the service credit earned while employed
        by  the  Onondaga County sheriff's department to the NYSLPFRS before the
        service credit can be granted under section 384-d of the RSSL.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        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, 2023
        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  May 16, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No. 2024-178,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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