S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5327
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to authorize Kim Bowers to receive certain  service  credit  with
   the New York state and local employees' retirement system
 
   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  the  law  to  the
 contrary, Kim Bowers, an employee of the Erie County Water Authority and
 a  member  of the New York state and local employees' retirement system,
 who for the period beginning January 1, 2006  and  ending  November  19,
 2018,  was  employed as a member of the Zoning Board of Appeals with the
 town of Orchard Park, and who, for reasons not  ascribable  to  her  own
 negligence,  failed  to become a member of such retirement system during
 such employment with the town of Orchard Park, shall be deemed  to  have
 joined  the New York state and local employees' retirement system on the
 date January 1, 2006, if within one year of the effective date  of  this
 act, she shall file a written request with the state comptroller.
   §  2. No contributions made to the New York state and local employees'
 retirement system by Kim Bowers shall be returned  or  refunded  to  her
 pursuant to this act.
   §  3.    All past service costs of implementing the provisions of this
 act shall be borne by the town of Orchard Park.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would grant retroactive Tier 4 status in the New York  State
 and  Local  Employees' Retirement System to Kim Bowers, a current Tier 6
 member employed by the Erie County Water Authority,  by  changing  their
 date of membership to January 1, 2006. There will be no refund of member
 contributions.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $5,600 in the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00371-04-3
              

 A. 5327                             2
 
 annual contributions of the Erie County Water Authority for  the  fiscal
 year  ending March 31, 2024. In future years, this cost will vary as the
 billing rates and salary of Kim Bowers change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $13,900 which will be
 borne by the Town of Orchard Park as a one-time payment.  This  estimate
 assumes that payment will be made on February 1, 2024.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   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 3, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No. 2023-2, prepared by the
 Actuary for the New York State and Local Retirement System.