Bill Text: NY S07243 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes John Leslie Bergmann to apply for and obtain retirement service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system, of which he is a retired member due to retirement from employment by the city school district of the city of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S07243 Detail]
Download: New_York-2013-S07243-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7243
I N S E N A T E
May 7, 2014
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions
AN ACT to authorize John Leslie Bergmann to apply for and receive
service credit, for service in the employment of a participating
employer in the New York state and local employees' retirement system,
in the New York city teachers' retirement system
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 to the contrary,
2 John Leslie Bergmann, who retired on July 1, 2002 from employment by the
3 city school district of the city of New York and receives benefits from
4 the New York city teachers' retirement system, and who commenced employ-
5 ment by the Westchester county community college, a participating
6 employer in the New York state and local employees' retirement system,
7 on September 6, 1988, and who, for reasons not ascribable to his own
8 negligence, did not become a member of the New York state and local
9 employees' retirement system, shall be entitled to receive retirement
10 service credit for his service as an employee of the Westchester county
11 community college, from the date of his commencement of such employment
12 until the date of his retirement from employment by the city school
13 district of the city of New York, in the New York city teachers' retire-
14 ment system if, on or before the thirty-first of December next succeed-
15 ing the date on which it shall have become a law, he shall file an
16 application therefor with the state comptroller.
17 S 2. Notwithstanding any other provision of law to the contrary, ther-
18 eupon, the New York state and local employees' retirement system shall
19 transfer to the New York city teachers' retirement system an amount, to
20 be determined by the state comptroller, equal to that which the West-
21 chester county community college would have been obligated to pay to the
22 New York state and local employees' retirement system on account of its
23 employment of John Leslie Bergmann, together with interest thereon, had
24 he become a member of such retirement system at the time of the
25 commencement of his employment by Westchester county community college.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01785-02-4
S. 7243 2
1 In addition to such transfer, John Leslie Bergmann shall pay to the New
2 York city teachers' retirement system, in a lump sum, an amount, if any,
3 to be determined by the state comptroller, equal to that which he would
4 have been obligated to contribute to the New York state and local
5 employees' retirement system due to his employment by Westchester county
6 community college, had he become a member of such system upon the
7 commencement of such employment, from the date of the commencement ther-
8 eof until the date of his retirement from employment by the city school
9 district of the city of New York.
10 S 3. Upon receipt of the transfer and the payment required by section
11 two of this act, the New York city teachers' retirement system shall
12 grant the retirement service authorized by section one of this act to
13 John Leslie Bergmann and shall recalculate and pay his retirement allow-
14 ance accordingly and pay to him any arrearage or deficiency to which he
15 may be entitled pursuant to the provisions of this act in a lump sum.
16 S 4. This act shall take effect immediately.
FISCAL NOTE.: Pursuant to Legislative Law, Section 50:
This bill will adjust the retirement benefit of John Leslie Bergmann,
a retiree from the New York City Teachers Retirement System (NYCTRS), by
increasing his final average salary by approximately $16,000 based on
salary earned while working for the Westchester County Community
College. The additional benefit based on the increase in final average
salary will then be paid retroactively to his date of retirement from
the NYCTRS.
If this bill is enacted, insofar as it affects the New York State and
Local Employees' Retirement System, we anticipate that there will be a
transfer of approximately $9,800 to the NYCTRS. This cost will be shared
by the State of New York and all of the participating employers in the
New York State and Local Employees' Retirement System. In addition, we
estimate that Mr. Bergmann will have to pay approximately $12,000 in
member contributions to the NYCTRS. The sum of these amounts will be
used to partially offset the cost to the NYCTRS.
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, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 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, 2013
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 estimate, dated February 6, 2014 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-77, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
