senate Bill S5994

Signed by Governor

Authorizes the village of Tuckahoe, in the county of Westchester, to offer a certain retirement option to police officer Christopher J. Santiago

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Sponsor

Bill Status


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

actions

  • 22 / Nov / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 29 / Apr / 2014
    • 1ST REPORT CAL.444
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • HOME RULE REQUEST
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 09 / Jun / 2014
    • SUBSTITUTED FOR A8662
  • 09 / Jun / 2014
    • ORDERED TO THIRD READING CAL.825
  • 09 / Jun / 2014
    • HOME RULE REQUEST
  • 09 / Jun / 2014
    • PASSED ASSEMBLY
  • 09 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Jul / 2014
    • SIGNED CHAP.143

Summary

Authorizes the village of Tuckahoe, in the county of Westchester, to offer a certain retirement option to police officer Christopher J. Santiago.

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Bill Details

See Assembly Version of this Bill:
A8662
Versions:
S5994
Legislative Cycle:
2013-2014
Law Section:
Retirement

Sponsor Memo

BILL NUMBER:S5994

TITLE OF BILL: An act to authorize the village of Tuckahoe, in the
county of Westchester, to offer a certain retirement option to police
officer Christopher J. Santiago

PURPOSE:

This bill will authorize the village of Tuckahoe, in the county of
Westchester, to offer a different retirement option to police officer
Christopher J. Santiago

SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law to the contrary,
the village of Tuckahoe, in the county of Westchester, a participating
employer in the New York state and local police and fire retirement
system, which previously elected to offer the optional retirement plan
established pursuant to section 384-d of the retirement and social
security law to firefighters and police officers employed by such
village, is hereby authorized to make participation in such plan
available to police officer Christopher J. Santiago, who was employed
by the village of Tuckahoe on August 4, 2008 and who, on the effective
date of this act is covered under the provisions of section 375-i of
the retirement and social security law, and who, for reasons not
ascribable to his own negligence failed to make a timely application
to participate in such optional retirement plan. The village of
Tuckahoe may so elect by filing with the state comptroller, on or
before November 30, 2014 a resolution of its legislative body together
with certification that police officer Christopher J. Santiago did not
bar himself from participation in such retirement plan as a result of
his own negligence.

Christopher J. Santiago will then be covered by the provisions of
section 384-d of the retirement and social security law provided he
files a request to that effect with the state comptroller on or before
December 31, 2014.

§ 2. All cost associated with implementing the provisions of this act
shall be borne by the village of Tuckahoe.

§ 3. This act shall take effect immediately.

JUSTIFICATION:

General Counsel to the Tuckahoe Police Benevolent Association recently
learned that one of its members, Police Officer Christopher J.
Santiago, was unintentionally placed in the wrong New York State
Pension Plan when he was first hired by the Village on August 4, 2008.
Instead of being enrolled in Plan 384(d), he was placed in Plan
375(i). This error has a profound impact on Officer Santiago's ability
to retire after twenty (20) years, as expected. Additionally, the
error will serve to diminish the pension benefits he is entitled to
receive. The village is therefore asking for this change.

LEGISLATIVE HISTORY:


None

FISCAL IMPLICATIONS:

Pursuant to Legislative Law, Section 50:

This bill will allow the village of Tuckahoe to elect to reopen the
provisions of Section 384-d of the Retirement and Social Security Law
for police officer Christopher J. Santiago. If this bill is enacted,
we anticipate that there will be an increase of approximately $8,900
in the annual contributions of the village of Tuckahoe for the fiscal
year ending March 31, 2015. In future years, this cost will vary as
the billing rates and salary of Christopher J. Santiago change.

In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $9,950 which would be
borne by the village of Tuckahoe as a one-time payment. This estimate
is based on the assumption that payment will be made on February 1,
2015.

LOCAL FISCAL IMPLICATIONS:

To be determined

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
________________________________________________________________________

                                  5994

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 22, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to authorize the village of Tuckahoe, in the county of  Westches-
  ter,  to  offer a certain retirement option to police officer Christo-
  pher J.  Santiago

  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,
the  village  of Tuckahoe, in the county of Westchester, a participating
employer in the New York state and  local  police  and  fire  retirement
system,  which  previously elected to offer the optional retirement plan
established pursuant to section 384-d of the retirement and social secu-
rity law to firefighters and police officers employed by  such  village,
is  hereby  authorized  to  make participation in such plan available to
police officer Christopher J. Santiago, who was employed by the  village
of Tuckahoe on August 4, 2008 and who, on the effective date of this act
is  covered  under the provisions of section 375-i of the retirement and
social security law, and who, for reasons  not  ascribable  to  his  own
negligence  failed  to  make a timely application to participate in such
optional retirement plan.   Thereafter, police  officer  Christopher  J.
Santiago  may  elect to be covered by the provisions of section 384-d of
the retirement and social security law, and shall  be  entitled  to  the
full rights and benefits associated with coverage under such section, by
filing  a  request  to that effect with the state comptroller within one
year of the effective date of this act.
  S  2.  All  past  service  costs  associated  with  implementing   the
provisions of this act shall be borne by the village of Tuckahoe.
  S 3. 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.
                                                           LBD11767-03-3

S. 5994                             2

  This  bill  will  allow the village of Tuckahoe to elect to reopen the
provisions of Section 384-d of the Retirement and  Social  Security  Law
for police officer Christopher J. Santiago.
  If  this  bill  is enacted and Christopher J. Santiago becomes covered
under the provisions of Section 384-d, we anticipate that there will  be
an  increase  of approximately $8,900 in the annual contributions of the
village of Tuckahoe for the fiscal year ending March 31, 2015. In future
years, this cost will vary as the billing rates and salary  of  Christo-
pher J. Santiago change.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service cost of approximately $9,950 which would be
borne by the village of Tuckahoe as a one-time payment. This estimate is
based on the assumption that payment will be made on February 1, 2015.
  Summary of relevant resources:
  The membership used in measuring the impact of the proposed change was
the same as that  used  in  the  March  31,  2013  actuarial  valuation.
Distributions  and  other  statistics can be found in the 2013 Report of
the Actuary and the 2013 Comprehensive Annual Financial Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  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, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  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 November 20,  2013  and  intended  for  use  only
during  the  2014  Legislative  Session,  is  Fiscal  Note  No. 2014-35,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

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