NY State Senate Bill 2025-S6440

Senate Bill S6440

2025-2026 Legislative Session

Authorizes Brian Studley, a police officer employed by the New York state university police department at SUNY Fredonia, to participate in the New York state and local police and fire retirement system

download bill text pdf

Current 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
Mar 13, 2025	referred to civil service and pensions

2025-S6440 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2025-S6440 (ACTIVE) - Summary

Authorizes Brian Studley, a police officer employed by the New York state university police department at SUNY Fredonia, to transition his pension from the New York state and local employees' retirement system to the New York state and local police and fire retirement system.

2025-S6440 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6440

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act authorizing Brian Studley, a police officer employed by the New
York state university police department at SUNY Fredonia, to participate
in the New York state and local police and fire retirement system

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes Brian Studley, a police officer employed by the New
York state university police department at SUNY Fredonia, to participate
in the New York state and local police and fire retirement system,
provided that an application is filled with the head of the New York
state and local police and fire retirement system within one year from
the effective date of this act.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes Brian Studley, a police officer employed by the New
York state university police department at SUNY Fredonia, to participate

in the New York state and local police and fire retirement system,
provided that an application is filled with the head of the New York
state and local police and fire retirement system together with a
certification that Brian Studley is not barred from participation in
such retirement plan as the result of his own negligence, within one
year from the effective date of this act.

Section 4 provides that no employee contributions made to the New York
state and local employees' retirement system by any state university
police officer who elects to transfer pursuant to this act shall be
returned to such officer. Such employee contributions shall be used to
offset any past service costs incurred by operation of the provisions of
this act.

Section 3 provides that all past services costs associated with the
implementation of this act shall be transferred to the New York State
University Police Department.

Section 4 provides that the act shall take effective immediately.

 
JUSTIFICATION:

Brain Studley is a twenty-two-year veteran of the University Police at
SUNY Fredonia. He was promoted to the rank of lieutenant in 2011. Howev-
er, through no fault of his own, Brian Studley did not become a member
of the New York state and local employees' retirement system in 2015
when he was provided the opportunity to transition to such retirement
system. This legislation would correct the oversight by allowing Brian
Studley to join the retirement system as of 2015.

 
EFFECTIVE DATE:
The legislation would take effective immediately upon adoption.

2025-S6440 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6440
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2025
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT authorizing Brian Studley, a police officer employed by  the  New
   York  state  university police department at SUNY Fredonia, to partic-
   ipate in the New York state  and  local  police  and  fire  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 law to the contrary,
 Brian Studley, who is currently employed with the New York state univer-
 sity police department at SUNY Fredonia and who is currently a member of
 the New York state and local employees' retirement system,  who  through
 no  fault  of  his own did not become a member of the New York state and
 local police and fire  retirement  system  on  December  19,  2015  when
 provided the opportunity to transition to such retirement system, pursu-
 ant  to  chapter 561 of the laws of 2015, shall be deemed to have been a
 member of the New York state and local police and fire retirement system
 on such date, provided that an application is filed with the head of the
 New York state and local police and fire retirement system together with
 a certification that Brian Studley is not barred from  participation  in
 such  retirement  plan  as  the result of his own negligence, within one
 year from the effective date of this act.
   § 2. No employee contributions made to the New York  state  and  local
 employees'  retirement system by any state university police officer who
 elects to transfer pursuant to this act shall be returned to such  offi-
 cer.  Such  employee  contributions  shall  be  used  to offset any past
 service costs incurred by operation of the provisions of this act.
   § 3. All past services costs associated  with  the  implementation  of
 this act shall be borne by the state of New York.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09330-02-5

 S. 6440                             2
 
   This  bill would deem Brian Studley, a State University police officer
 currently employed by the State University of New York at  Fredonia,  to
 have  become  a  member  of the New York State and Local Police and Fire
 Retirement System, covered under the provisions of section 383-d of  the
 Retirement  and Social Security Law (RSSL), effective December 19, 2015.
 Brian Studley is currently a member of the  New  York  State  and  Local
 Employees'  Retirement  System  and  is  covered under the provisions of
 Article 15 of the RSSL.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate that there will be an increase of  approximately  $18,000  in  the
 annual contributions of the State of New York for the fiscal year ending
 March 31, 2026. In future years this cost will vary as the billing rates
 and salary of Brian Studley change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $76,200 which will be
 borne by the State of New York as  a  one-time  payment.  This  estimate
 assumes that payment will be made on March 1, 2026.
   Summary of relevant resources:
   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024 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, 2024 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 March 12, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal  Note  No.  2025-100.  As  Chief
 Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble Actuarial Standards of Practice as well as the Code of  Professional
 Conduct  and Qualification Standards for Actuaries Issuing Statements of
 Actuarial Opinion of the American Academy of Actuaries, of which I am  a
 member.

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