Bill Text: NY S04271 | 2021-2022 | General Assembly | Amended

---

Bill Title: Authorizes Timothy Colling, a town of Hamburg police officer, to receive certain credit under section 384-d of the retirement and social security law.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-03-14 - PRINT NUMBER 4271A [S04271 Detail]

Download: New_York-2021-S04271-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4271--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced by Sens. GALLIVAN, KENNEDY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions -- recommitted to the Committee on Civil Service and Pensions
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to authorize Timothy Colling  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,  Timothy  Coll-
     2  ing,  currently  a  Town of Hamburg 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  July 30, 2007 and January 5, 2014 was employed by the Erie County  Sher-
     6  iff's  Department  where he was a member of the New York state and local
     7  employees' retirement system, and who, for reasons not ascribable to his
     8  own negligence, was not granted service credit under  section  384-d  of
     9  the retirement and social security law for his period of employment with
    10  the  Erie  County  Sheriff's  Department,  shall be granted such service
    11  credit under section 384-d of the retirement and social security law and
    12  shall be entitled to the full rights and benefits associated with cover-
    13  age under such section, provided a request to that effect is filed  with
    14  the  state  comptroller  within one year from the effective date of this
    15  act.
    16    § 2. All past service costs incurred in implementing the provisions of
    17  this act shall be borne by the Town of Hamburg.
    18    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill will grant service credit under section 384-d of the Retire-
        ment and Social Security Law to Timothy Colling, a current member of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04177-04-2
        S. 4271--A                          2

        New York State and Local Police and Fire Retirement  System  (NYSLPFRS),
        for the period of July 30, 2007 through January 5, 2014, during which he
        was employed as a deputy sheriff in Erie County. Currently, deputy sher-
        iff  service  is not creditable in a NYSLPFRS twenty-year police retire-
        ment plan.
          If this bill is enacted during the  2022  legislative  session,  there
        will  be  an immediate past service cost of approximately $369,000 which
        will be borne by the Town of Hamburg as a one-time payment.  This  esti-
        mate is based on the assumption that payment will be made on February 1,
        2023.
          There  will  be no increase in the annual contributions of the Town of
        Hamburg.
          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 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 March 14, 2022, and intended for use only during
        the 2022 Legislative Session, is Fiscal Note No.  2022-87,  prepared  by
        the Actuary for the New York State and Local Retirement System.