S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8309
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to authorize the granting of retirement service credit in the New
   York  state  and local police and fire retirement system to Anthony D.
   Katsur for service as a university police officer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Notwithstanding any inconsistent provision of law, Anthony
 D. Katsur a retiree of the New York state  and  local  police  and  fire
 retirement  system who was employed as a New York State Trooper assigned
 to the Empire State Plaza until his retirement on May 9, 2002,  and  who
 was  a  member  of  the  New  York state and local employees' retirement
 system while employed as  a  university  police  officer  by  the  State
 University of New York at Stony Brook from November 5, 1981 until Febru-
 ary  3,  1988,  which  service  is  not  deemed to be police service for
 purposes of the New York state and  local  police  and  fire  retirement
 system  pursuant  to section 381-b of the retirement and social security
 law, shall be granted retirement  service  credit  pursuant  to  section
 381-b of the retirement and social security law for such employment as a
 university  police  officer at the State University of New York at Stony
 Brook as if such service was rendered with the division of state police,
 and shall be authorized to purchase service credit  in  such  retirement
 system  for  military  service  under  article  20 of the retirement and
 social security law which he had been unable to purchase for reasons not
 ascribable to his own negligence, prior to his retirement and  have  his
 retirement  benefit  recalculated  as  of  May 9, 2002, if, on or before
 December 31, 2019, he shall file a written request to that  effect  with
 the  state comptroller and pay such retirement system a sum as specified
 in article 20 of the retirement and social security law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13248-02-9

              

 A. 8309                             2
 
   § 2. All costs attributable to the operation of this  act  other  than
 the  costs  to be borne by Anthony D. Katsur as set forth in section one
 of this act, shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  will  deem  service  rendered as a state university police
 officer to have been rendered with the  division  of  state  police  for
 Anthony  D. Katsur, a police officer who was employed by the division of
 state police and retired on May 9, 2002. Officer Katsur did  not  render
 at  least  20 years of service with the division of state police when he
 reached mandatory retirement age. In this case the law allows the  state
 university  police service to be included in the retirement benefit, but
 limits the retirement benefit to 50% of final average salary. This  bill
 will deem his total service to exceed 20 years of service with the divi-
 sion  of  state  police and therefore he would not be subject to the 50%
 limit. In addition, this  bill  will  allow  him  to  purchase  military
 service credit under Article 20. The retirement benefit will be recalcu-
 lated and payment will be made retroactive to his date of retirement.
   If  this  bill  is  enacted during the 2019 legislative session, there
 will be an  immediate  past  service  cost  of  approximately  $134,000.
 Approximately  $6,000  of this cost would be borne by Anthony Katsur and
 the remaining $128,000 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, 2020.
   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, 2018 actuarial valu-
 ation. Distributions and other statistics  can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017  and  2018  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, 2018
 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 June 10, 2019, and intended for use  only  during
 the  2019  Legislative Session, is Fiscal Note No. 2019-141, prepared by
 the Actuary for the New York State and Local Retirement System.