NY State Senate Bill 2015-S4754

Senate Bill S4754

Signed By Governor

2015-2016 Legislative Session

Grants retroactive Tier IV membership in the New York state and local employees' retirement system to Jill Alix and Chris Karwiel

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.403
Oct 14, 2015	delivered to governor
Jun 17, 2015	returned to senate passed assembly home rule request ordered to third reading rules cal.467 substituted for a6938
Jun 10, 2015	referred to ways and means delivered to assembly passed senate home rule request
Jun 09, 2015	ordered to third reading cal.1410 committee discharged and committed to rules
Apr 15, 2015	referred to civil service and pensions

Votes

- Jun 10, 2015 - Floor Vote
  S4754
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Libous
      
      Perkins
  Jun 9, 2015 - Rules Committee Vote
  S4754
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young

2015-S4754 (ACTIVE) - Details

See Assembly Version of this Bill:: A6938
Law Section:: Retirement
Versions Introduced in 2013-2014 Legislative Session:: S6937, A9235

2015-S4754 (ACTIVE) - Summary

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Jill Alix and Chris Karwiel.

2015-S4754 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4754

TITLE OF BILL:

An act granting retroactive tier IV membership in the New York state
and local employees' retirement system to Jill Alix and Chris Karwiel

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize Jill Alix and Chris Karwiel
retroactive tier membership in Tier IV by changing their dates of
membership in the System to be the dates they first were employed by
the village of Green Island.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill deems Jill Alix a member of the retirement
system as of the date of her employment and membership application, on
June 20, 2008, by the village of Green Island, if on or before
December 31, 2015 she shall file an application therefore with the
state comptroller. Upon the receipt of such an application, Jill Alix
shall be granted Tier IV status in the New York state local employees'
retirement system and be made eligible for all the rights and benefits
thereof:

Section two of this bill deems Chris Karwiel a member of the

retirement system as of the date of his employment, on July 19, 2002,
by the village of Green Island, if on or before December 31, 2015 he
shall file an application therefore with the state comptroller. Upon
the receipt of such an application, Chris Karwiel shall be granted
Tier IV status in the New York state local employees' retirement
system and be made eligible for all the rights and benefits thereof

Section three provides that all past service costs will be borne by
the village of Green Island, Section four provides for an immediate
effective date.

JUSTIFICATION:

Jill Alix and Chris Karwiel should be reinstated into Tier IV based
upon their dates of employment by the village of Green Island. This
bill addresses concerns raised in the veto message, and reinforces
evidence provided by the village of Green Island, that due to an
administrative error and for reasons not ascribable to their own
negligence, their applications were not processed in the usual manner
therefore incorrectly placing them in Tier V.

PRIOR LEGISLATIVE HISTORY:

A 9235/S 6937 of 2014; VETOED MEMO 563
A 7459-A/S.5565-A.231 of 2013; VETOED MEMO 231

FISCAL IMPLICATIONS:

There is an immediate past service cost of approximately $19,900 which
will be borne by the village of Green Island.


EFFECTIVE DATE:

Effective immediately

2015-S4754 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4754                                                  A. 6938

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 15, 2015
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. McDONALD -- read once and referred
  to the Committee on Governmental Employees

AN ACT granting retroactive tier IV membership in the New York state and
  local employees' retirement system to Jill Alix and Chris Karwiel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law,  Jill  Alix,  a
member of the New York state and local employees' retirement system, who
was  employed  on  June  20,  2008,  by the village of Green Island as a
recreation director, and  who  filed  membership  applications  in  such
system  on  June 20, 2008 which should have given her Tier IV status but
for reasons not ascribable to her own negligence and due to an  adminis-
trative error, the application was not processed in the usual manner and
therefore  not  processed until December 17, 2012, may be deemed to have
become a member of the New York state and  local  employees'  retirement
system  on  June  20,  2008, if on or before December 31, 2015 she shall
file an application therefor with  the  state  comptroller.    Upon  the
receipt  of  such application, Jill Alix shall be granted Tier IV status
in the New York state and local  employees'  retirement  system  and  be
eligible  for all the rights and benefits thereof. No contributions made
to the New York state and local employees'  retirement  system  by  Jill
Alix shall be returned to her pursuant to this act.
  S  2.  Notwithstanding  any  other  provision of law, Chris Karwiel, a
member of the New York state and local employees' retirement system, who
was employed on July 19, 2002, by the  village  of  Green  Island  as  a
recreation  assistant  and  office  assistant,  and who filed membership
applications in such system on July 19, 2002 which should have given him

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06292-05-5

S. 4754                             2                            A. 6938

Tier IV status but for reasons not ascribable to his own negligence  and
due to an administrative error, the application was not processed in the
usual  manner  and therefore not processed until September 13, 2011, may
be  deemed  to  have  become  a  member  of the New York state and local
employees' retirement system on July 19, 2002, if on or before  December
31,  2015  he  shall  file  an application therefor with the state comp-
troller. Upon the receipt of such application, Chris  Karwiel  shall  be
granted  Tier  IV  status  in  the  New  York state and local employees'
retirement system and be eligible for all the rights and benefits there-
of. No contributions made to the New York  state  and  local  employees'
retirement  system by Chris Karwiel shall be returned to him pursuant to
this act.
  S 3. Any past service costs incurred in implementing the provisions of
this act shall be borne by the village of Green Island.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow Jill Alix and Chris  Karwiel,  employees  of  the
Village  of  Green Island, to receive retroactive dates of membership in
the New York State  and  local  Employees'  Retirement  System,  thereby
making them Tier 4 members.
  If  this  bill  is  enacted  and both members become covered under the
provisions of Tier 4, we anticipate that there will be an increase    of
approximately $3,400 in the annual contributions of the Village of Green
Island  for the fiscal year ending March 31, 2016. In future years, this
cost will vary as the billing rates and salaries of the affected members
change.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $19,900 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 will be made on February 1,
2016.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 March 27, 2015, and intended for use only  during
the  2015  Legislative  Session, is Fiscal Note No. 2015-92, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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