senate Bill S4767A

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Sarah Fish

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 20 / Apr / 2011
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 04 / Jan / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 13 / Apr / 2012
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 13 / Apr / 2012
    • PRINT NUMBER 4767A
  • 14 / May / 2012
    • 1ST REPORT CAL.746
  • 15 / May / 2012
    • 2ND REPORT CAL.
  • 16 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • HOME RULE REQUEST
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO GOVERNMENTAL EMPLOYEES

Summary

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Sarah Fish.

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Bill Details

See Assembly Version of this Bill:
A7250A
Versions:
S4767
S4767A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Retirement

Sponsor Memo

BILL NUMBER:S4767A

TITLE OF BILL:
An act
granting retroactive tier IV membership in the New York state and local
employees' retirement system to Sarah Fish

PURPOSE:
This bill would grant Sarah Fish retroactive tier IV membership in the
New York state and local employees' retirement system.

SUMMARY OF PROVISIONS:
Section 1 of this bill changes Ms. Fish's effective membership date in
the New York state and local employees' retirement system from
January 4, 2010 to December 28, 2009 so she may be correctly placed
in the Tier IV retirement group. She shall file with the state
comptroller a written request to this effect, upon the granting of
such retroactive membership, Sarah Fish will not be granted a refund
of any employee contribution made by her to the system.

Section 2 describes who is responsible for any past cost incurred in
implementing the provisions of this act.

Section 3 states this bill shall take effect immediately.

JUSTIFICATION:
Sarah Fish, began working as a staff social worker for the County of
Madison on December 28, 2009, which would have entitled her to Tier
IV membership in the New York state and local employees' retirement
system.
However, Ms. Fish's application to the New York state and local
employees' retirement system was not stamped "received" by Madison
County Personnel until January 4, 2010, despite the fact it was
notarized on December 28, 2009.

Madison County personnel has acknowledged the lapse, attributing it to
an over sight on their part. However, as a result, Ms. Fish was
placed in the fifth tier instead of the fourth tier of the New York
state and local employees' retirement system. The late filing was due
to a clerical error on the part of Madison County and not due to an
error on the part of Ms. Fish. She should not be penalized for the
"late" filing.

This bill, if enacted into law would correct the mistake by allowing
Sarah Fish to file for retroactive membership in the New York State
and Local Employees' retirement system as of December 28, 2009, the
actual start day of her employment with Madison County.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
See fiscal note.

LOCAL FISCAL IMPLICATIONS:
See fiscal note.


EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4767--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 20, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- 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  commit-
  tee

AN ACT granting retroactive tier IV membership in the New York state and
  local employees' retirement system to Sarah Fish

  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, Sarah  Fish,  a
member of the New York state and local employees' retirement system, who
was employed as a staff social worker on December 28, 2009, by the coun-
ty of Madison, for reasons not ascribable to her own negligence, did not
file  a  membership  application  in  such system until January 4, 2010,
which gave her Tier V status instead of Tier IV status, where she  would
have  been  had  she been able to file a membership application when she
became a permanent employee on December 28, 2009 may be deemed  to  have
become  a  member  of the New York state and local employees' retirement
system December 28, 2009 if on or before December  31,  2012  she  shall
file  with  the state comptroller a written request to that effect. Upon
the granting of such retroactive membership, Sarah  Fish  shall  not  be
granted  a  refund  of  any employee contribution made by her to the New
York state and local employees' retirement system.
  S 2. Any past service costs incurred in implementing the provisions of
this act shall be borne by Madison county.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant Tier 4 membership in  the  New  York  State  and
Local Employees' Retirement System to Sarah Fish by changing her date of
membership to December 28, 2009. She currently is a Tier 5 member.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10332-07-2

S. 4767--A                          2

  If  this bill is enacted, we anticipate that there will be an increase
in the annual contributions of Madison County for the fiscal year ending
March 31, 2013 of approximately $1,900.
  In addition to the annual contributions discussed above, there will be
a one-time past service cost of approximately $1,650 which will be borne
by Madison County, assuming a payment date of February 1, 2013.
  Summary of relevant resources:
  Data:  March  31,  2011  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2011  Report  of  the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
State of New York; Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated April 13, 2012, and intended for use only  during
the  2012  Legislative Session, is Fiscal Note No. 2012-131, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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