NY State Assembly Bill 2015-A3879B

Assembly Bill A3879B

2015-2016 Legislative Session

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2016	referred to investigations and government operations delivered to senate passed assembly
Feb 01, 2016	amended on third reading 3879b
Jan 06, 2016	ordered to third reading cal.164 returned to assembly died in senate
Jun 15, 2015	referred to rules delivered to senate passed assembly ordered to third reading rules cal.335 rules report cal.335 reported
Jun 10, 2015	reported referred to rules
May 11, 2015	print number 3879a
May 11, 2015	amend and recommit to ways and means
Apr 22, 2015	reported referred to ways and means
Jan 28, 2015	referred to governmental employees

Bill Amendments

Original

B (Active)

2015-A3879 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8933
2017-2018: A6321, A7706

2015-A3879 - Summary

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision.

2015-A3879 - Bill Text download pdf

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

                                  3879

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  providing   equal  retirement  benefits  for  persons  who  have  been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

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

  Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of  subdivi-
sion  a  of  section  600  of the retirement and social security law, as
amended by section 149 of subpart B of part C of chapter 62 of the  laws
of  2011, is amended and three new clauses (iii), (iv) and (v) are added
to read as follows:
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of  corrections  and  community  super-
vision  and  who elects the retirement plan established pursuant to this
article on  or  before  September  thirtieth,  two  thousand  six.  Such
election  shall be in writing, shall be duly executed and filed with the
comptroller and shall be irrevocable as long as such person  is  in  the
title of superintendent[.]; OR
  (III)  A  PERSON  WHO IS APPOINTED TO THE TITLE OF SUPERINTENDENT, WHO
HAS SERVED AT LEAST TWENTY-FIVE YEARS  AS  A  MEMBER  IN  THE  UNIFORMED
PERSONNEL  IN  INSTITUTIONS  UNDER THE JURISDICTION OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ELECTS THE RETIREMENT PLAN
ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF  HIS  OR  HER
APPOINTMENT.   SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED
AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS  SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01296-02-5

A. 3879                             2

  (IV)  A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT ON THE EFFEC-
TIVE DATE OF THIS CLAUSE, WHO HAS SERVED AT LEAST TWENTY-FIVE YEARS AS A
MEMBER IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION
OF THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  AND  WHO
ELECTS  THE  RETIREMENT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS CLAUSE. SUCH ELECTION SHALL BE
IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH  THE  COMPTROLLER  AND
SHALL  BE  IRREVOCABLE  AS LONG AS SUCH PERSON IS IN THE TITLE OF SUPER-
INTENDENT; OR
  (V) A PERSON WHO HAS RETIRED WHILE SERVING IN THE TITLE OF SUPERINTEN-
DENT, WHO HAS SERVED AT LEAST TWENTY-FIVE  YEARS  AS  A  MEMBER  IN  THE
UNIFORMED  PERSONNEL  IN  INSTITUTIONS  UNDER  THE  JURISDICTION  OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO  ELECTS  THE
RETIREMENT  PLAN ESTABLISHED PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THIS CLAUSE. SUCH ELECTION SHALL BE IN WRITING,
SHALL BE DULY EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRRE-
VOCABLE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and  6  superintendents  under
the  jurisdiction  of the department of corrections and community super-
vision of New York state to become eligible to  receive  benefits  under
the  provisions  of Article 15 of the Retirement and Social Security Law
in addition to the half-pay plan at 25 years benefit.  This  bill  would
also  cover retired superintendents. Current and future affected members
and retirees would have 90 days from the later of the effective date  of
this bill and their date of being appointed to a superintendent position
to file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $4.10 million which would be borne by
the  State  of New York as a one-time payment. This estimate is based on
the assumption that payment will be made on March 1, 2016.
  In addition to this cost, there would also be costs for future  super-
intendents  who elect this benefit. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they occur.
  These  estimated  costs  are  based on 27 superintendents with a total
annual salary of approximately $2.9 million for the fiscal  year  ending
March 31, 2014.
  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  statement  of  actuarial  opinion
contained herein.

A. 3879                             3

  This estimate, dated January 12, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-23,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

2015-A3879A - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8933
2017-2018: A6321, A7706

2015-A3879A - Summary

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision.

2015-A3879A - Bill Text download pdf

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

                                 3879--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Governmental Employees -- reported and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  providing   equal  retirement  benefits  for  persons  who  have  been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

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

  Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of  subdivi-
sion  a  of  section  600  of the retirement and social security law, as
amended by section 149 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended and two new clauses (iii) and (iv) are added to read
as follows:
  (ii)  a  person  who serves in the title of superintendent as of April
first, two thousand six, who has had at least  seven  years  of  service
credited toward the retirement plan established pursuant to this article
while  employed  by  the  department of corrections and community super-
vision and who elects the retirement plan established pursuant  to  this
article  on  or  before  September  thirtieth,  two  thousand  six. Such
election shall be in writing, shall be duly executed and filed with  the
comptroller  and  shall  be irrevocable as long as such person is in the
title of superintendent[.]; OR
  (III) A PERSON WHO IS APPOINTED TO  THE  TITLE  OF  SUPERINTENDENT  IN
INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY  SUPERVISION  AND  WHO  ELECTS THE RETIREMENT PLAN ESTABLISHED
PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF HIS OR  HER  APPOINTMENT.
SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH
THE  COMPTROLLER  AND  SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN
THE TITLE OF SUPERINTENDENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01296-05-5

A. 3879--A                          2

  (IV) A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT ON THE  EFFEC-
TIVE  DATE OF THIS CLAUSE AND WHO ELECTS THE RETIREMENT PLAN ESTABLISHED
PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF  THE  EFFECTIVE  DATE  OF
THIS  CLAUSE.  SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED
AND  FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and  6  superintendents  under
the  jurisdiction  of the department of corrections and community super-
vision of New York state to become eligible to  receive  benefits  under
the  provisions  of Article of the Retirement and Social Security Law in
addition to the half-pay plan at  25  years  benefit.  Current  affected
members  would have 90 days from the later of the effective date of this
bill and their date of being appointed to a superintendent  position  to
file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $3.74 million which would be borne by
the  State  of New York as a one-time payment. This estimate is based on
the assumption that payment would be made on March 1, 2016.
  In addition to this cost, there would also be costs for future  super-
intendents  who elect this benefit. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they occur.
  These  estimated  costs  are  based on 27 superintendents with a total
annual salary of approximately $2.9 million or the  fiscal  year  ending
March 31, 2014.
  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  statement  of  actuarial  opinion
contained herein.
  This estimate, dated May 7, 2015 and intended for use only during  the
2015  Legislative  Session, is Fiscal Note No. 2015-109, prepared by the
Actuary for the New York State and Local Employees' Retirement System.

2015-A3879B (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §600, R & SS L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8933
2017-2018: A6321, A7706

2015-A3879B (ACTIVE) - Summary

Provides equal retirement benefits for persons who have been appointed to the title of superintendent in the department of corrections and community supervision.

2015-A3879B (ACTIVE) - Bill Text download pdf

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

                                 3879--B
                                                        Cal. No. 164

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Governmental Employees -- reported and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the retirement and social security law, in  relation  to
  providing   equal  retirement  benefits  for  persons  who  have  been
  appointed  to  the  title  of  superintendent  in  the  department  of
  corrections and community supervision

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

  Section 1. Clause (ii) of subparagraph (b) of paragraph 2 of  subdivi-
sion  a  of  section  600  of the retirement and social security law, as
amended by section 149 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended and two new clauses (iii) and (iv) are added to read
as follows:
  (ii)  a  person  who serves in the title of superintendent as of April
first, two thousand six, who has had at least  seven  years  of  service
credited toward the retirement plan established pursuant to this article
while  employed  by  the  department of corrections and community super-
vision and who elects the retirement plan established pursuant  to  this
article  on  or  before  September  thirtieth,  two  thousand  six. Such
election shall be in writing, shall be duly executed and filed with  the
comptroller  and  shall  be irrevocable as long as such person is in the
title of superintendent[.]; OR
  (III) A PERSON WHO IS APPOINTED TO  THE  TITLE  OF  SUPERINTENDENT  IN
INSTITUTIONS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY  SUPERVISION  AND  WHO  ELECTS THE RETIREMENT PLAN ESTABLISHED
PURSUANT TO THIS ARTICLE WITHIN NINETY DAYS OF HIS OR  HER  APPOINTMENT.
SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY EXECUTED AND FILED WITH

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

                                                           LBD01296-07-6

A. 3879--B                          2

THE  COMPTROLLER  AND  SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS IN
THE TITLE OF SUPERINTENDENT; OR
  (IV)  A PERSON WHO SERVES IN THE TITLE OF SUPERINTENDENT ON THE EFFEC-
TIVE DATE OF THIS CLAUSE AND WHO ELECTS THE RETIREMENT PLAN  ESTABLISHED
PURSUANT  TO  THIS  ARTICLE  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
THIS CLAUSE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE  DULY  EXECUTED
AND  FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE AS LONG AS SUCH
PERSON IS IN THE TITLE OF SUPERINTENDENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow certain Tier 3, 5 and  6  superintendents  under
the  jurisdiction  of the department of corrections and community super-
vision of New York State to become eligible to  receive  benefits  under
the  provisions  of Article 15 of the Retirement and Social Security Law
in addition to the half-pay plan at 25 years benefit.  Current  affected
members  would have 90 days from the later of the effective date of this
bill and their date of being appointed to a superintendent  position  to
file for this benefit.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $3.12 million which would be borne by
the  State  of New York as a one-time payment. This estimate is based on
the assumption that payment would be made on March 1, 2017.
  In addition to this cost, there would also be costs for future  super-
intendents  who elect this benefit. These costs would depend on the age,
service, salary and tier of the affected members, and would be  paid  by
the State of New York as one time payments as they occur.
  These  estimated  costs  are  based on 25 superintendents with a total
annual salary of approximately $3.4 million for the fiscal  year  ending
March 31, 2015.
  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, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  January  26,  2016,  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-42,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.

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Assembly Bill A3879B

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Sponsored By

O'DONNELL

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-A3879 - Details

2015-A3879 - Summary

2015-A3879 - Bill Text download pdf

2015-A3879A - Details

2015-A3879A - Summary

2015-A3879A - Bill Text download pdf

2015-A3879B (ACTIVE) - Details

2015-A3879B (ACTIVE) - Summary

2015-A3879B (ACTIVE) - Bill Text download pdf

Comments