S T A T E O F N E W Y O R K ________________________________________________________________________ S. 5566--A A. 7457--A 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y May 21, 2013 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Civil Service and Pensions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. McDONALD -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT granting retroactive tier V membership in the New York state and local employees' retirement system to Kirsten Mason, Laura Strizzi, Christian Ward and Austin Horton 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, Kirsten Mason, 2 a member of the New York state and local employees' retirement system, 3 who was employed on July 1, 2010, by the village of Green Island as a 4 recreation assistant, and who filed membership applications in such 5 system on July 7, 2010 which should have given her Tier V status but for 6 reasons not ascribable to her own negligence and due to an administra- 7 tive error, the application was not processed in the usual manner and 8 therefore not processed until August 16, 2012, may be deemed to have 9 become a member of the New York state and local employees' retirement 10 system on July 1, 2010, if on or before December 31, 2013 she shall file 11 an application therefor with the state comptroller. Upon the receipt of 12 such application, Kirsten Mason shall be granted Tier V status in the 13 New York state and local employees' retirement system and be eligible 14 for all the rights and benefits thereof. No contributions made to the 15 New York state and local employees' retirement system by Kirsten Mason 16 shall be returned to her pursuant to this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10732-04-3 S. 5566--A 2 A. 7457--A 1 S 2. Notwithstanding any other provision of law, Laura Strizzi, a 2 member of the New York state and local employees' retirement system, who 3 was employed on July 1, 2010, by the village of Green Island as a recre- 4 ation assistant, and who filed membership applications in such system on 5 July 13, 2010 which should have given her Tier V status but for reasons 6 not ascribable to her own negligence and due to an administrative error, 7 the application was not processed in the usual manner and therefore not 8 processed until July 5, 2012, may be deemed to have become a member of 9 the New York state and local employees' retirement system on July 1, 10 2010, if on or before December 31, 2013 she shall file an application 11 therefor with the state comptroller. Upon the receipt of such applica- 12 tion, Laura Strizzi shall be granted Tier V status in the New York state 13 and local employees' retirement system and be eligible for all the 14 rights and benefits thereof. No contributions made to the New York state 15 and local employees' retirement system by Laura Strizzi shall be 16 returned to her pursuant to this act. 17 S 3. Notwithstanding any other provision of law, Christian Ward, a 18 member of the New York state and local employees' retirement system, who 19 was employed on July 1, 2010, by the village of Green Island as a recre- 20 ation assistant, and who filed membership applications in such system on 21 July 14, 2010 which should have given him Tier V status but for reasons 22 not ascribable to his own negligence and due to an administrative error, 23 the application was not processed in the usual manner and therefore not 24 processed until July 5, 2012, may be deemed to have become a member of 25 the New York state and local employees' retirement system on July 1, 26 2010, if on or before December 31, 2013 he shall file an application 27 therefor with the state comptroller. Upon the receipt of such applica- 28 tion, Christian Ward shall be granted Tier V status in the New York 29 state and local employees' retirement system and be eligible for all the 30 rights and benefits thereof. No contributions made to the New York state 31 and local employees' retirement system by Christian Ward shall be 32 returned to him pursuant to this act. 33 S 4. Notwithstanding any other provision of law, Austin Horton, a 34 member of the New York state and local employees' retirement system, who 35 was employed on July 5, 2011, by the village of Green Island as a recre- 36 ation assistant, and who filed membership applications in such system on 37 July 5, 2011 which should have given him Tier V status but for reasons 38 not ascribable to his own negligence and due to an administrative error, 39 the application was not processed in the usual manner and therefore not 40 processed until July 19, 2012, may be deemed to have become a member of 41 the New York state and local employees' retirement system on July 5, 42 2011, if on or before December 31, 2013 he shall file an application 43 therefor with the state comptroller. Upon the receipt of such applica- 44 tion, Austin Horton shall be granted Tier V status in the New York state 45 and local employees' retirement system and be eligible for all the 46 rights and benefits thereof. No contributions made to the New York state 47 and local employees' retirement system by Austin Horton shall be 48 returned to him pursuant to this act. 49 S 5. Any past service costs incurred in implementing the provisions of 50 this act shall be borne by the village of Green Island. 51 S 6. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill will deem Kirsten Mason, Laura Strizzi, Christian Ward and Austin Horton, employees of the Village of Green Island, to become Tier 5 members of the New York State and Local Employees' Retirement System S. 5566--A 3 A. 7457--A by changing their dates of membership in the System to be the dates they first were employed by the Village of Green Island. If this bill is enacted, we anticipate that there will be an increase in the annual contributions of the Village of Green Island of 5.4% of the annual salaries of these members for the fiscal year ending March 31, 2014. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $230 which would be borne by the Village of Green Island as a one-time payment. This esti- mate is based on the assumption that payment would be made on February 1, 2014. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report. Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2012 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2012 Actuarial Valuations report. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated May 14, 2013 and intended for use only during the 2013 Legislative Session, is Fiscal Note No. 2013-135, prepared by the Actuary for the New York State and Local Employees' Retirement System.