NY State Senate Bill 2021-S7238

Senate Bill S7238

2021-2022 Legislative Session

Authorizes the town of Niskayuna, in the county of Schenectady, to offer certain retirement options to four police officers employed by such town

download bill text pdf

Archive: Last Bill Status Via A7642 - Passed Senate

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
May 24, 2022	returned to assembly passed senate home rule request 3rd reading cal.1365 substituted for s7238a
May 24, 2022	substituted by a7642a
May 16, 2022	ordered to third reading cal.1365 committee discharged and committed to rules
Apr 07, 2022	print number 7238a
Apr 07, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Jun 08, 2021	referred to rules

Votes

- May 24, 2022 - Floor Vote
  A7642
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Brisport
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  May 16, 2022 - Rules Committee Vote
  S7238
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Sepúlveda

Bill Amendments

Original

A (Active)

2021-S7238 - Details

Law Section:: Retirement

2021-S7238 - Summary

Authorizes the town of Niskayuna, in the county of Schenectady, to offer certain retirement options to John F. Connor, Jeffrey A. Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by such town.

2021-S7238 - Sponsor Memo

                                
 
BILL NUMBER: S7238

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to authorize the town of Niskayuna, in the county of Schenectady,
to offer certain retirement options to John F. Connor, Jeffrey A.
Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by
such town

 
PURPOSE:

Authorizes the town of Niskayuna, in the county of Schenectady, to offer
certain retirement options to four police officers employed by such town

 
SUMMARY OF PROVISIONS:

§ 1. Notwithstanding any other provision of law to the contrary, the
town of Niskayuna, in the county of Schenectady, a participating employ-
er in the New York state and local police and fire retirement system,
which previously elected to offer the optional retirement plan estab-

lished pursuant to section 384 of the retirement and social security law
to police officers employed by such town, is hereby authorized to make
participation in such plan available to John F.  Connor, Jeffrey A.
Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by
the town of Niskayuna, who, on the effective date of this act are
covered under the provisions of section 375-c of the retirement and
social security law, and who, for reasons not ascribable to their own
negligence failed to make a timely application to participate in such
optional retirement plan.  The town of Niskayuna may so elect by filing
with the state comptroller, on or before June 30, 2022, a resolution of
its legislative body together with certification that any such police
officer did not bar himself or herself from participation in such
retirement plan as a result of his or her own negligence. Thereafter,
any such police officer may elect to be covered by the provisions of
section 384 of the retirement and social security law, and shall be
entitled to the full rights and benefits associated with coverage under
such section, by filing a request to that effect with the state comp-
troller on or before June 30, 2023.

§ 2. All costs associated with implementing the provisions of this act
shall be borne by the town of Niskayuna.

 
JUSTIFICATION:

This legislation has been put forth at the request of the Town of
Niskayuna to place police officers Connor, Relation, Twitty and Daly in
the proper retirement plan commensurate to their time in service to the
town.

Any costs associated with this change will be borne by the Town of
Niskayuna.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Cost shall be borne by the town.

Fiscal Note included within the bill text.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7238 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7238
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 8, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize the town of Niskayuna, in the county of Schenectady,
   to offer certain retirement options to  John  F.  Connor,  Jeffrey  A.
   Relation,  Joseph H. Twitty and Paul J. Daly, police officers employed
   by such town

   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 to the contrary,
 the  town  of  Niskayuna,  in the county of Schenectady, a participating
 employer in the New York state and  local  police  and  fire  retirement
 system,  which  previously elected to offer the optional retirement plan
 established pursuant to section 384 of the retirement and social securi-
 ty law to police officers employed by such town, is hereby authorized to
 make participation in such plan available to John F.  Connor, Jeffrey A.
 Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by
 the town of Niskayuna, who, on  the  effective  date  of  this  act  are
 covered  under  the  provisions  of  section 375-c of the retirement and
 social security law, and who, for reasons not ascribable  to  their  own
 negligence  failed  to  make a timely application to participate in such
 optional retirement plan. The town of Niskayuna may so elect  by  filing
 with  the state comptroller, on or before June 30, 2022, a resolution of
 its legislative body together with certification that  any  such  police
 officer  did  not  bar  himself  or  herself  from participation in such
 retirement plan as a result of his or her  own  negligence.  Thereafter,
 any  such  police  officer  may elect to be covered by the provisions of
 section 384 of the retirement and social  security  law,  and  shall  be
 entitled  to the full rights and benefits associated with coverage under
 such section, by filing a request to that effect with  the  state  comp-
 troller on or before June 30, 2023.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09733-02-1

 S. 7238                             2
 
   § 2. All costs associated with implementing the provisions of this act
 shall be borne by the town of Niskayuna.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would allow the town of Niskayuna to reopen the provisions
 of Section 384 of the Retirement and Social Security Law for four police
 officers: John F. Connor, Jeffrey A. Relation, Joseph H. Twitty and Paul
 J. Daly.
   If this bill is enacted during the 2021 legislative session there will
 be an increase of approximately $33,000 in the annual  contributions  of
 the  town  of  Niskayuna  for  the fiscal year ending March 31, 2022. In
 future years, this cost will vary as the billing rates and salary of the
 affected police officers change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $548,000, which will be borne  by  the
 town  of  Niskayuna 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  February  23,  2021, and intended for use only
 during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-93,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

2021-S7238A (ACTIVE) - Details

Law Section:: Retirement

2021-S7238A (ACTIVE) - Summary

2021-S7238A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7238A

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to authorize the town of Niskayuna, in the county of Schenectady,
to offer certain retirement options to John F. Connor, Jeffrey A.
Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by
such town

 
PURPOSE:

To allow four town of Niskayuna police officers to join the correct
retirement plan.

 
SUMMARY OF PROVISIONS:

Section 1. Authorizing John F. Connor, Jeffrey A. Relation, Joseph H.
Twitty and Paul J. Daly, police officers employed by the town of Niskay-
una, to make a timely application to participate in the optional retire-
ment plan. Sets forth the dates of application to the state comptroller.

§ 2. All costs associated with implementing the provisions of this act
shall be borne by the town of Niskayuna.

§ 3. This act shall take effect immediately.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Date change, and updated fiscal note

 
JUSTIFICATION:

The town of Niskayuna hired 4 officers that were placed in a default
retirement plan rather than the optional plan selected by most police
officers which provides full retirement benefits after either 20 or 25
years of service, regardless of age. The town of Niskayuna has requested
that the state pass remedial legislation allowing these four officers
the opportunity to join the correct retirement plan as well as pay the
past service costs on behalf of the officers.

The problem with prior default assignments to retirement plans was
finally rectified in 2015, the Retirement and Social Security Law was
amended to include Section 1201-A which changed the default so that all
police officers default to retirement plans that are based on 20 or 25
years of service. Unfortunately, these officers entered service to the
town long before this took place, therefore it is only appropriate to

 
LEGISLATIVE HISTORY:

2021: Passed Assembly

 
FISCAL IMPLICATIONS:

No impact to the state. The costs will be borne by the town of Niskayu-
na.

 
EFFECTIVE DATE:
Immediate

2021-S7238A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7238--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 8, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  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 committee

 AN ACT to authorize the town of Niskayuna, in the county of Schenectady,
   to  offer  certain  retirement  options  to John F. Connor, Jeffrey A.
   Relation, Joseph H. Twitty and Paul J. Daly, police officers  employed
   by such town
 
   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 to the contrary,
 the town of Niskayuna, in the county  of  Schenectady,  a  participating
 employer  in  the  New  York  state and local police and fire retirement
 system, which previously elected to offer the optional  retirement  plan
 established pursuant to section 384 of the retirement and social securi-
 ty law to police officers employed by such town, is hereby authorized to
 make participation in such plan available to John F.  Connor, Jeffrey A.
 Relation, Joseph H. Twitty and Paul J. Daly, police officers employed by
 the  town  of  Niskayuna,  who,  on  the  effective date of this act are
 covered under the provisions of section  375-c  of  the  retirement  and
 social  security  law,  and who, for reasons not ascribable to their own
 negligence failed to make a timely application to  participate  in  such
 optional  retirement  plan. The town of Niskayuna may so elect by filing
 with the state comptroller, on or before June 30, 2023, a resolution  of
 its  legislative  body  together with certification that any such police
 officer did not bar  himself  or  herself  from  participation  in  such
 retirement  plan  as  a result of his or her own negligence. Thereafter,
 any such police officer may elect to be covered  by  the  provisions  of
 section  384  of  the  retirement  and social security law, and shall be
 entitled to the full rights and benefits associated with coverage  under
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09733-06-2

 S. 7238--A                          2
 
 such  section,  by  filing a request to that effect with the state comp-
 troller on or before June 30, 2024.
   § 2. All costs associated with implementing the provisions of this act
 shall be borne by the town of Niskayuna.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would allow the town of Niskayuna to reopen the provisions
 of Section 384 of the Retirement and Social Security Law for four police
 officers: John F. Connor, Jeffrey A. Relation, Joseph H. Twitty and Paul
 J. Daly.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate that there will be an increase of  approximately  $34,000  in  the
 annual contributions of the town of Niskayuna for the fiscal year ending
 March  31,  2023.  In  future  years, this cost will vary as the billing
 rates and salary of the affected police officers change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $712,000, which will be borne  by  the
 Town  of  Niskayuna 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 March 30, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No. 2022-114,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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