senate Bill S5207

Signed by Governor

Relates to allowing Nancy M. Dwyer to apply for Tier IV status

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Bill Status


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

  • 14 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1360
  • 13 / Jun / 2013
    • HOME RULE REQUEST
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A4842
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.415
  • 19 / Jun / 2013
    • HOME RULE REQUEST
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.293

Summary

Relates to allowing Nancy M. Dwyer to apply for Tier IV status with the state comptroller.

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Bill Details

See Assembly Version of this Bill:
A4842
Versions:
S5207
Legislative Cycle:
2013-2014
Law Section:
Retirement

Sponsor Memo

BILL NUMBER:S5207

TITLE OF BILL: An act in relation to allowing Nancy M. Dwyer to file
a request for Tier IV status in the New York state and local
employees' retirement system with the state comptroller

PURPOSE:

This bill allows Nancy M. Dwyer to apply for Tier IV reinstatement in
the New York State and Local Employees' Retirement System.

SUMMARY OF PROVISIONS:

Section 1: Allows Nancy M. Dwyer to apply for retroactive membership
in the New York State and Local Employees' Retirement System with an
effective date of August 27, 2001, at which point she will be deemed
to have Tier IV status in such system.

Section 2: States that no contributions shall be returned to Nancy M.
Dwyer as a result of this act.

Section 3: Provides an effective date.

JUSTIFICATION:

Nancy M. Dwyer was first employed by the Town of Southeast on August
27, 2001 as a seasonal part-time clerk; however, she was not offered
membership in the New York State and Local Employees' Retirement
System by the town during such employment. Ms. Dwyer was not offered
membership until her appointment as a full-time court clerk in June
2010. This made Ms. Dwyer a Tier IV employee. This legislation allows
Ms. Dwyer to receive the Tier status she should have received if the
Town offered her membership in the Retirement System when she first
became employed by the Town. It should be noted that all costs
associated with this legislation shall be borne by the Town of
Southeast.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

If this bill were to be enacted in the 2013 Legislative Session it
would increase the yearly contributions for the Town of Southeast by
$2,000. In addition there is a one-time past service cost of $1,050,
which would also be borne by the Town of Southeast.

EFFECTIVE DATE:

This act would take effect immediately.

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

                                  5207

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

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

AN ACT in relation to allowing Nancy M. Dwyer to file a request for Tier
  IV status in the New York state and local employees' retirement system
  with the state comptroller

  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, Nancy M. Dwyer,
a  member  of  the New York state and local employees' retirement system
employed by the town of Southeast in Putnam county, who was employed  by
the  tax  department in the town of Southeast in Putnam county beginning
on August 27, 2001, and who, for  reasons  not  ascribable  to  her  own
negligence,  failed  to  become a member of the New York state and local
employees' retirement system while so employed by the tax department  in
the town of Southeast, shall be deemed to have joined the New York state
and  local  employees'  retirement  system  on August 27, 2001, if on or
before December 31, 2013 she shall file an application therefor with the
state comptroller. Upon the receipt of such application, Nancy M.  Dwyer
shall  be granted Tier IV status in the New York state and local employ-
ees' retirement system and be eligible for all the rights  and  benefits
thereof.
  S  2. No contributions made to the New York state and local employees'
retirement system by Nancy M. Dwyer shall be returned to her pursuant to
this act.
  S 3. All past service costs of implementing the provisions of this act
shall be borne by the town of Southeast in Putnam county.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will deem Nancy M. Dwyer, an employee of the Town of  South-
east  in  Putnam  County  and  a Tier 5 member of the New York State and
Local Employees' Retirement System, to have first become a member of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05524-02-3

S. 5207                             2

Retirement System on August 27,  2001,  thereby  making  her  a  Tier  4
member.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $2,000 in the  annual  contributions  of  the  Town  of
Southeast for the fiscal year ending March 31, 2014.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service cost of approximately $1,050 which would be
borne by the Town of Southeast as a one-time payment. This  estimate  is
based on the assumption that payment will be made on February 1, 2014.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 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 January 15, 2013 and intended for use only during
the  2013  Legislative  Session, is Fiscal Note No. 2013-46, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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