NY State Senate Bill 2021-S7289A

Senate Bill S7289A

2021-2022 Legislative Session

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell

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
May 31, 2022	print number 7289a
May 31, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Jul 14, 2021	referred to rules

Bill Amendments

Original

A (Active)

2021-S7289 - Details

See Assembly Version of this Bill:: A8072
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7541, A9612
2023-2024: S5290, A5110

2021-S7289 - Summary

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell.

2021-S7289 - Sponsor Memo

                                
 
BILL NUMBER: S7289

SPONSOR: WEIK
 
TITLE OF BILL:

An act granting retroactive retirement membership in the New York state
teachers' retirement system to Eileen Saumell

 
PURPOSE:

To grant Eileen Saumell credit retroactive credit in the New York State
teachers' retirement system.

 
SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law, Eileen Saumell
who is currently working at the West Babylon school district and a
member of the New York state teachers' retirement system, who was
employed as a full-time employee of the Nassau County Demonstration
Project, a non-participating employer of the New York state public
retirement systems, with a start date of August 8, 1994 until August 27,

2004, and at that time a member of the United Jewish Appeal-Federation
of Jewish Philanthropies of New York, Inc.  Retirement Plan, could not
become a member of one of the New York state public retirement systems
on August 8, 1994, shall be granted service credit in the New York state
teachers' retirement system for her employment with the Nassau County
Demonstration Project for the period of August 8, 1994 until August 27,
2004, provided that an application is filed with the New York state
teachers' retirement system within one year from the effective date of
this act.
§ 2. No contributions made to the United Jewish Appeal-Federation of
Jewish Philanthropies of New York, Inc. Retirement Plan by Eileen
Saumell shall be returned or refunded to her pursuant to this act.
§ 3. All past service costs associated with the implementation of this
act shall be borne by Nassau County.
§ 4. This act shall take effect immediately.

 
JUSTIFICATION:

Eileen Saumell has been unable to get credit for her time employed by
the Nassau County Demonstration Program because at the time she was a
member of the United Jewish Appeal Federation of Jewish Philanthropies
of New York retirement plan.

Current law prohibits membership in the New York State and Local Retire-
ment System for any person who is entitled to benefits by any other
retirement system fully or partially funded by the state. Under the law,
Ms. Saumell would need to surrender the membership with UJA in order to
join the NYSSLRS for the period of August 8, 1994 to August 27, 2004.

The New York State Comptroller had previously written to Ms. Saumell
that there was lawful way in which a participant could waive or surren-
der the vested benefit available from the UJA - Federation of New York
Retirement Plan.

 
PRIOR LEGISLATIVE HISTORY:

A.9612 of 2019/20; held for consideration in governmental employees

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
Immediately.

2021-S7289 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7289
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 14, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT granting retroactive retirement membership in the New York  state
   teachers' retirement system to Eileen Saumell
 
   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, Eileen  Saumell
 who  is  currently  working  at  the  West Babylon school district and a
 member of the New  York  state  teachers'  retirement  system,  who  was
 employed  as  a  full-time  employee  of the Nassau County Demonstration
 Project, a non-participating employer  of  the  New  York  state  public
 retirement systems, with a start date of August 8, 1994 until August 27,
 2004,  and  at that time a member of the United Jewish Appeal-Federation
 of Jewish Philanthropies of New York, Inc. Retirement  Plan,  could  not
 become  a  member of one of the New York state public retirement systems
 on August 8, 1994, shall be granted service credit in the New York state
 teachers' retirement system for her employment with  the  Nassau  County
 Demonstration  Project for the period of August 8, 1994 until August 27,
 2004, provided that an application is filed  with  the  New  York  state
 teachers'  retirement  system within one year from the effective date of
 this act.
   § 2. No contributions made to the United Jewish  Appeal-Federation  of
 Jewish  Philanthropies  of  New  York,  Inc.  Retirement  Plan by Eileen
 Saumell shall be returned or refunded to her pursuant to this act.
   § 3. All past service costs associated with the implementation of this
 act shall be borne by Nassau County.
   § 4. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill (legislative  bill  draft  10816-01-1)  would  allow  Eileen
 Saumell,  an  active  member  of the New York State Teachers' Retirement
 System with Tier 4 status, to receive  service  credit  for  the  period
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10816-02-1

 S. 7289                             2
 
 August  8,  1994  until  August 27, 2004 while she was employed with the
 Nassau County Demonstration Project, a non-participating employer of the
 New York State public retirement systems. During Ms.  Saumell's  employ-
 ment  with  the Nassau County Demonstration Project, she was a member of
 the United Jewish Appeal-Federation  of  Jewish  Philanthropies  of  New
 York,  Inc.  Retirement Plan and could not become a member of one of the
 New York State public retirement  systems.  Contributions  made  to  the
 United  Jewish  Appeal-Federation  of Jewish Philanthropies of New York,
 Inc. Retirement Plan by Ms. Saumell shall not be returned or refunded to
 her pursuant to this bill. Ms. Saumell must file a written request  with
 the  head  of  the New York State Teachers' Retirement System within one
 year of the effective date of this bill.
   The cost of this benefit is equal to the increase in the present value
 of liabilities, which is estimated to be $360,000. This  cost  would  be
 borne  by  the county of Nassau. Granting service credit under this bill
 for employment with an organization that may potentially be considered a
 non-governmental or  private  employer  could  jeopardize  the  System's
 governmental plan status and its exemption from ERISA which could result
 in the loss of qualified status. Loss of qualified status would mean the
 loss  of  tax  benefits.    This  result  would substantially impair the
 System's value to our approximately four hundred and  thirty-four  thou-
 sand  members.  In  addition,  precluding a return or refund of contrib-
 utions under her prior plan may create a conflict  under  the  terms  of
 that plan.
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Annual Report. System assets are as reported in the  System's  financial
 statements and can also be found in the System's Annual Report.  Actuar-
 ial assumptions and methods are provided in the System's Actuarial Valu-
 ation Report.
   The  source of this estimate is Fiscal Note 2021-48 dated June 3, 2021
 prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
 System and is intended for use only during the 2021 Legislative Session.
 I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
 Retirement System. I am a member of the American  Academy  of  Actuaries
 and  I meet the Qualification Standards of the American Academy of Actu-
 aries to render the actuarial opinion contained herein.

2021-S7289A (ACTIVE) - Details

See Assembly Version of this Bill:: A8072
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7541, A9612
2023-2024: S5290, A5110

2021-S7289A (ACTIVE) - Summary

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell.

2021-S7289A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7289A

SPONSOR: WEIK
 
TITLE OF BILL:

An act granting retroactive retirement membership in the New York state
teachers' retirement system to Eileen Saumell

 
PURPOSE:

To grant Eileen Saumell credit retroactive credit in the New York State
teachers' retirement system.

 
SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law, Eileen Saumell
who is currently working at the West Babylon school district and a
member of the New York state teachers' retirement system, who was
employed as a full-time employee of the Nassau County Demonstration
Project, a non-participating employer of the New York state public
retirement systems, with a start date of August 8, 1994 until August 27,
2004, and at that time a member of the United Jewish Appeal-Federation

of Jewish Philanthropies of New York, Inc.  Retirement Plan, could not
become a member of one of the New York state public retirement systems
on August 8, 1994, shall be granted service credit in the New York state
teachers' retirement system for her employment with the Nassau County
Demonstration Project for the period of August 8, 1994 until August 27,
2004, provided that an application is filed with the New York state
teachers' retirement system within one year from the effective date of
this act.

§ 2. No contributions made to the United Jewish Appeal-Federation of
Jewish Philanthropies of New York, Inc. Retirement Plan by Eileen
Saumell shall be returned or refunded to her pursuant to this act.

§ 3. All past service costs associated with the implementation of this
act shall be borne by Nassau County.

§ 4. This act shall take effect immediately.

 
JUSTIFICATION:

Eileen Saumell has been unable to get credit for her time employed by
the Nassau County Demonstration Program because at the time she was a
member of the United Jewish Appeal Federation of Jewish Philanthropies
of New York retirement plan.

Current law prohibits membership in the New York State and Local Retire-
ment System for any person who is entitled to benefits by any other
retirement system fully or partially funded by the state. Under the law,
Ms. Saumell would need to surrender the membership with UJA in order to
join the NYSSLRS for the period of August 8, 1994 to August 27, 2004.

The New York State Comptroller had previously written to Ms. Saumell
that there was lawful way in which a participant could waive or surren-
der the vested benefit available from the UJA - Federation of New York
Retirement Plan.

 
PRIOR LEGISLATIVE HISTORY:
A.9612 of 2019/20; held for consideration in governmental employees

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
Immediately.

2021-S7289A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7289--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 14, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 granting retroactive retirement membership in the New York state
   teachers' retirement system to Eileen Saumell
 
   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, Eileen Saumell
 who is currently working at the  West  Babylon  school  district  and  a
 member  of  the  New  York  state  teachers'  retirement system, who was
 employed as a full-time employee  of  the  Nassau  County  Demonstration
 Project,  a  non-participating  employer  of  the  New York state public
 retirement systems, with a start date of August 8, 1994 until August 27,
 2004, and at that time a member of the United  Jewish  Appeal-Federation
 of  Jewish  Philanthropies  of New York, Inc. Retirement Plan, could not
 become a member of one of the New York state public  retirement  systems
 on August 8, 1994, shall be granted service credit in the New York state
 teachers'  retirement  system  for her employment with the Nassau County
 Demonstration Project for the period of August 8, 1994 until August  27,
 2004,  provided  that  an  application  is filed with the New York state
 teachers' retirement system within one year from the effective  date  of
 this act.
   § 2. Eileen Saumell shall not be entitled to receive any pension bene-
 fits  otherwise  due  to  her  by the United Jewish Appeal-Federation of
 Jewish Philanthropies of New York, Inc. Retirement Plan, and no contrib-
 utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
 pies of New York, Inc.  Retirement  Plan  by  Eileen  Saumell  shall  be
 returned or refunded to her pursuant to this act.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10816-04-2
 S. 7289--A                          2

 
   § 3. All past service costs associated with the implementation of this
 act shall be borne by Nassau County.
   § 4. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill would allow Eileen Saumell, an active member of the New York
 State Teachers' Retirement System with Tier 4 status, to receive service
 credit for the period August 8, 1994 until August 27, 2004 while she was
 employed with the Nassau County Demonstration Project, a non-participat-
 ing employer of the New York State public retirement systems. During Ms.
 Saumell's  employment  with the Nassau County Demonstration Project, she
 was a member of the United Jewish Appeal-Federation  of  Jewish  Philan-
 thropies of New York, Inc. Retirement Plan and could not become a member
 of  one  of  the New York State public retirement systems. Contributions
 made to the United Jewish Appeal-Federation of Jewish Philanthropies  of
 New  York,  Inc. Retirement Plan by Ms. Saumell shall not be returned or
 refunded to her pursuant to this bill. Ms. Saumell must file  a  written
 request  with the head of the New York State TeachersÆ Retirement System
 within one year of the effective date of this bill.
   The cost of this benefit is equal to the increase in the present value
 of liabilities, which is estimated to be $400,000. This  cost  would  be
 borne  by  the  county of Nassau. Granting service credit for employment
 with an organization that may potentially be considered a non-governmen-
 tal or private employer could jeopardize the System's governmental  plan
 status  and  its  exemption from ERISA which could result in the loss of
 tax-qualified status.
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System.  Data distributions and statistics can be found in the  System's
 Annual  Report.  System assets are as reported in the System's financial
 statements and can also be found in the System's Annual Report. Actuari-
 al assumptions and methods are provided in the System's Actuarial  Valu-
 ation Report and the 2021 Actuarial Assumptions Report.
   The  source of this estimate is Fiscal Note 2022-44 dated May 27, 2022
 prepared by the Office of the Actuary of the New  York  State  Teachers'
 Retirement  System and is intended for use only during the 2022 Legisla-
 tive Session. I, Richard A. Young, am the Chief Actuary for the New York
 State Teachers' Retirement System. I am a member of the American Academy
 of Actuaries and I meet the  Qualification  Standards  of  the  American
 Academy of Actuaries to render the actuarial opinion contained herein.

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.