NY State Senate Bill 2019-S4366A

Senate Bill S4366A

2019-2020 Legislative Session

Relates to granting retroactive tier IV membership in the NY state and local employees' retirement system for Rebecca Leonard

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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
Jan 23, 2020	print number 4366a
Jan 23, 2020	amend and recommit to civil service and pensions
Jan 08, 2020	referred to civil service and pensions
Mar 11, 2019	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2019-S4366 - Details

See Assembly Version of this Bill:: A6931
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S3828, A5053

2019-S4366 - Summary

Relates to granting retroactive tier IV membership in the NY state and local employees' retirement system for Rebecca Leonard.

2019-S4366 - Sponsor Memo

                                
 
BILL NUMBER: S4366

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act granting retroactive tier IV membership in the
New York state and local employees' retirement system to Rebecca Leonard

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows Rebecca Leonard, formerly Rebecca Abensur, who is currently a
member of Tier V of the New York State and Local Employees Retirement
System, and employed by Nassau County, to claim a benefit from her
original employment start date when she was an employee of a New York
State School District.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows the beneficiary of Rebecca Leonard, formerly Rebecca
Abensur to receive a benefit based on the total service credit to which
she was entitled at the time of her employment start.

Section 2 requires that all costs associated with this act be borne by

Nassau County.

Section 3 contains the effective date.

 
JUSTIFICATION:

Rebecca Leonard, formerly Rebecca Abensur was employed by the Half
Hollow Hills School District in November 2007. She was eligible to join
the pension system during this time, but declined. She did so as per
instructions from a superior. At the time she would have been eligible
for entrance into Tier IV. She is now an employee with Nassau County and
a member of Tier V. Had she entered the pension system in 2007, she
would be a member of Tier IV. This bill allows her to retroactively
enter the pension tier that she was entitled to in 2007.

 
PRIOR LEGISLATIVE HISTORY:
2018: A.7498-A Amend and Recommit to Governmental Employees
2017: A.7498: Referred to Governmental Employees

 
FISCAL IMPLICATIONS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4366 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4366
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive tier IV membership in the New York state and
   local employees' retirement system to Rebecca Leonard
 
   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,  Rebecca
 Leonard, formerly Rebecca Abensur, a member of the New  York  state  and
 local  employees'  retirement system, who was employed in November 2007,
 by Half Hollow Hills Central School District, who did not file a member-
 ship application in such system until 2010, which gave her Tier V status
 instead of Tier IV status, where she would have been  had  she  filed  a
 membership  application when she became a permanent employee in November
 2007 may be deemed to have become a member of the  New  York  state  and
 local  employees' retirement system in November 2007 if, within one year
 of the effective date of this act, she shall file with the  state  comp-
 troller  a  written  request  to  that effect. Upon the granting of such
 retroactive membership, Rebecca Leonard shall not be granted a refund of
 any employee contribution made by her to the New York  state  and  local
 employees' retirement system.
   § 2. All past service costs associated with the implementation of this
 act shall be borne by the county of Nassau.
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This  bill  will  grant  Tier 4 status in the New York State and Local
 Employees' Retirement System to Rebecca Leonard, a current Tier 5 member
 employed by Nassau County, by changing her date of membership to  Novem-
 ber  2007,  her  first  date  of  employment  with the Half Hollow Hills
 Central School District. There will be  no  refund  of  member  contrib-
 utions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07966-02-9

 S. 4366                             2
 
   If this legislation is enacted during the 2019 legislative section, we
 anticipate that there will be an increase of approximately $2,400 in the
 annual  contributions  of Nassau County and an increase of approximately
 $40 in the annual contributions of  Half  Hollow  Hills  Central  School
 District  for  the  fiscal  year ending March 31, 2020. In future years,
 these costs will vary as the billing rates and salary of Rebecca Leonard
 change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $13,300 which will be borne by  Nassau
 County  as  a one-time payment. This estimate is based on the assumption
 that payment will be made on February 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 February 12, 2019,  and  intended  for  use  only
 during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-69,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2019-S4366A (ACTIVE) - Details

See Assembly Version of this Bill:: A6931
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S3828, A5053

2019-S4366A (ACTIVE) - Summary

Relates to granting retroactive tier IV membership in the NY state and local employees' retirement system for Rebecca Leonard.

2019-S4366A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4366A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act granting retroactive tier IV membership in the New York state and
local employees' retirement system to Rebecca Leonard

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows Rebecca Leonard, formerly Rebecca Abensur, who is currently a
member of Tier V of the New York State and Local Employees Retirement
System, and employed by Nassau County, to claim a benefit from her
original employment start date when she was an employee of a New York
State School District.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows the beneficiary of Rebecca Leonard, formerly Rebecca
Abensur to receive a benefit based on the total service credit to which
she was entitled at the time of her employment start.

Section 2 requires that all costs associated with this act be borne by
Nassau County.

Section 3 contains the effective date.

 
JUSTIFICATION:

Rebecca Leonard, formerly Rebecca Abensur was employed by the Half
Hollow Hills School District in November 2007. She was eligible to join
the pension system during this time, but declined. She did so as per
instructions from a superior. At the time she would have been eligible
for entrance into Tier IV. She is now an employee with Nassau County and
a member of Tier V. Had she entered the pension system in 2007, she
would be a member of Tier IV. This bill allows her to retroactively
enter the pension tier that she was entitled to in 2007.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.7498-A Amend and Recommit to Governmental Employees 2017:
A.7498: Referred to Governmental Employees

 
FISCAL IMPLICATIONS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4366A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4366--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT granting retroactive tier IV membership in the New York state and
   local employees' retirement system to Rebecca Leonard
 
   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,  Rebecca
 Leonard,  formerly  Rebecca  Abensur, a member of the New York state and
 local employees' retirement system, who was employed in  November  2007,
 by Half Hollow Hills Central School District, who did not file a member-
 ship application in such system until 2010, which gave her Tier V status
 instead  of  Tier  IV  status, where she would have been had she filed a
 membership application when she became a permanent employee in  November
 2007  may  be  deemed  to have become a member of the New York state and
 local employees' retirement system in November 2007 if, within one  year
 of  the  effective date of this act, she shall file with the state comp-
 troller a written request to that effect.  Upon  the  granting  of  such
 retroactive membership, Rebecca Leonard shall not be granted a refund of
 any  employee  contribution  made by her to the New York state and local
 employees' retirement system.
   § 2. All past service costs associated with the implementation of this
 act shall be borne by the county of Nassau.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will grant Tier 4 status in the New  York  State  and  Local
 Employees' Retirement System to Rebecca Leonard, a current Tier 5 member
 employed  by Nassau County, by changing her date of membership to Novem-

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

                                                            LBD07966-03-0

 S. 4366--A                          2
 
 ber 2007, her first date  of  employment  with  the  Half  Hollow  Hills
 Central  School  District.  There  will  be no refund of member contrib-
 utions.
   If this legislation is enacted during the 2020 legislative session, we
 anticipate that there will be an increase of approximately $2,400 in the
 annual  contributions  of Nassau County for the fiscal year ending March
 31, 2021. In future years, this cost will vary as the billing rates  and
 salary of Rebecca Leonard change.
   In addition to the annual contributions discussed above, there will be
 an  immediate past service cost of $16,100 which will be borne by Nassau
 County as a one-time payment. This estimate is based on  the  assumption
 that payment will be made on February 1, 2021.
   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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018 and 2019 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, 2019
 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  January  22,  2020,  and intended for use only
 during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-23,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

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