NY State Senate Bill 2021-S3828A

Senate Bill S3828A

2021-2022 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Dec 13, 2021	print number 3828a
Dec 13, 2021	amend and recommit to civil service and pensions
Jan 31, 2021	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2021-S3828 - Details

See Assembly Version of this Bill:: A5053
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2019-2020 Legislative Session:: S4366, A6931

2021-S3828 - Summary

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

2021-S3828 - Sponsor Memo

                                
 
BILL NUMBER: S3828

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:

2019-20: S.4366-A/A.6931-A 2017-18: S.5758-A/A.7498-A

 
FISCAL IMPLICATIONS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3828 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3828
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 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.
                                                            LBD03921-02-1

 S. 3828                             2
 
   If this legislation is enacted during the 2021 legislative session, we
 anticipate that there will be an increase of approximately $2,100 in the
 annual  contributions  of Nassau County for the fiscal year ending March
 31, 2022. 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 $18,000 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, 2022.
   Summary of relevant resources:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 11,  2021,  and  intended  for  use  only
 during the 2021 Legislative Session, is Fiscal Note No. 2021-6, prepared
 by the Actuary for the New York State and Local Retirement System.

2021-S3828A (ACTIVE) - Details

See Assembly Version of this Bill:: A5053
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2019-2020 Legislative Session:: S4366, A6931

2021-S3828A (ACTIVE) - Summary

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

2021-S3828A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3828A

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:

2019-20: S.4366-A/A.6931-A 2017-18: 5.5758-A/A.7498-A

 
FISCAL IMPLICATIONS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3828A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3828--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03921-03-1
 S. 3828--A                          2

 
 Central  School  District.  There  will  be no refund of member contrib-
 utions.
   If this legislation is enacted during the 2022 legislative session, we
 anticipate that there will be an increase of approximately $1,400 in the
 annual  contributions  of Nassau County for the fiscal year ending March
 31, 2023. 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 $22,000 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, 2023.
   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 December 7,  2021,  and  intended  for  use  only
 during the 2022 Legislative Session, is Fiscal Note No. 2022-6, prepared
 by the Actuary for the New York State and Local Retirement System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.