Bill Text: NY S09141 | 2021-2022 | General Assembly | Introduced


Bill Title: Authorizes the county of Clinton to offer an optional twenty-five year retirement plan to Tanner Hooker, Timothy Schwartz, and Ian Vanier, deputy sheriffs employed by such county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A10231 [S09141 Detail]

Download: New_York-2021-S09141-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9141

                    IN SENATE

                                      May 11, 2022
                                       ___________

        Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to authorize the county of Clinton to offer an  optional  twenty-
          five  year retirement plan to certain deputy sheriffs employed by such
          county

          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  the  county  of  Clinton, a participating employer in the New York state
     3  employees' retirement system, which has elected to  offer  the  optional
     4  twenty-five  year  retirement plan, established pursuant to article 14-B
     5  of the retirement and social security law, to deputy  sheriffs  employed
     6  by  such county, is hereby authorized to make participation in such plan
     7  available to Tanner Hooker, a deputy sheriff employed by the  county  of
     8  Clinton  with  a  start date of May 27, 2019, Timothy Schwartz, a deputy
     9  sheriff employed by the county of Clinton with a start date of April 14,
    10  2020, and Ian Vanier, a deputy sheriff employed by the county of Clinton
    11  with a start date of February 18, 2019, who, for reasons not  ascribable
    12  to  their own negligence, failed to make a timely application to partic-
    13  ipate in such optional twenty-five year plan contained in  article  14-B
    14  of  the retirement and social security law. The county of Clinton may so
    15  elect by filing with the state Comptroller, on or before 180 days  after
    16  this  act  shall  have  become  law,  a resolution of its governing body
    17  together with certification that such deputy sheriffs did not bar  them-
    18  selves  from  participation  in the retirement plan as a result of their
    19  own negligence. Thereafter, such deputy sheriffs may individually  elect
    20  to  be  covered  by  the provisions of section 551 of the retirement and
    21  social security law, and shall be entitled to the full rights and  bene-
    22  fits  associated  with  coverage under such section, by filing a request
    23  with the state within one year of the effective date of this act.
    24    § 2. All employer past service costs associated with implementing  the
    25  provisions  of  this act shall be borne by the county of Clinton and may
    26  be amortized over a five year period.
    27    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15472-02-2

        S. 9141                             2

          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would allow Tanner Hooker, Timothy Schwartz and Ian Vanier,
        all current members of the New York State and Local  Employees’  Retire-
        ment  System  employed  as deputy sheriffs by Clinton County and covered
        under the 25-year retirement plan of section 89-p of the Retirement  and
        Social  Security  Law  (RSSL),  to elect to be covered under the 25-year
        plan of section 551 of the RSSL.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate that there will be an increase  of  approximately  $1,500  in  the
        annual  contributions of Clinton County for the fiscal year ending March
        31, 2023. In future years, this cost will vary as the billing rates  and
        salary of Tanner Hooker, Timothy Schwartz, and Ian Vanier change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service  cost of approximately $4,770 which will be
        borne by Clinton County as a one-time payment. This estimate is based on
        the assumption that payment will be made on February 1, 2023. If Clinton
        County elects to amortize this cost over a 5-year period, the  cost  for
        the first year including interest would be $1,070.
          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  2020
        and  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 May 10, 2022, and intended for  use  only  during
        the  2022  Legislative Session, is Fiscal Note No. 2022-126, prepared by
        the Actuary for the New York State and Local Retirement System.
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