Bill Text: NY S05968 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes Robert Braeuner, a village of East Aurora police officer, to receive certain credit under section 384-d of the retirement and social security law.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05968 Detail]

Download: New_York-2019-S05968-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5968--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sens. GALLIVAN, KENNEDY -- read twice and ordered printed,
          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  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to authorize Robert Braeuner  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, Robert  Braeun-
     2  er,  currently a village of East Aurora police officer and member of the
     3  New 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  September, 1999 and February, 2005 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 village of East Aurora.
    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 Robert Braeuner, a current member of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11844-03-9
        S. 5968--B                          2

        New  York  State and Local Police and Fire Retirement System (PFRS), for
        the period of September, 1999 through February, 2005,  during  which  he
        was employed as a deputy sheriff in Erie County. Currently, deputy sher-
        iff  service  is  not creditable in a PFRS twenty year police retirement
        plan.
          If this bill is enacted during the 2020 legislative  session  and  Mr.
        Braeuner transfers all applicable service credit to the PFRS, there will
        be  an  immediate past service cost of approximately $248,000 which will
        be borne by the Village of East Aurora as  a  one-time  payment.    This
        estimate  is based on the assumption that payment will be made on Febru-
        ary 1, 2021.
          There will be no increase in the annual contributions of  the  Village
        of East Aurora.
          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  December  18,  2019, and intended for use only
        during the 2020 Legislative Session, is Fiscal Note No. 2020-6, prepared
        by the Actuary for the New York State and Local Retirement System.