senate Bill S6937

Vetoed

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn Ward

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Sponsor

Bill Status


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

  • 02 / Apr / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 19 / May / 2014
    • 1ST REPORT CAL.796
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • HOME RULE REQUEST
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A9235
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.364
  • 18 / Jun / 2014
    • HOME RULE REQUEST
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • VETOED MEMO.563

Summary

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn Ward.

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Bill Details

See Assembly Version of this Bill:
A9235
Versions:
S6937
Legislative Cycle:
2013-2014
Law Section:
Retirement

Sponsor Memo

BILL NUMBER:S6937

TITLE OF BILL: An act granting retroactive tier IV membership in the
New York state and local employees' retirement system to Jill Alix,
Chris Karwiel, Jessica Strizzi and Taryn Ward

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
authorize Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn Ward
retroactive tier membership in Tier IV by changing their dates of
membership in the System to be the dates they first were employed by
the village of Green Island.

SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill deems Jill
Alix a member of the retirement system as of the date of her
employment and membership application, on June 20, 2008, by the
village of Green Island, if on or before December 31, 2014 she shall
file an application therefore with the state comptroller. Upon the
receipt of such an application, Jill Alix shall be granted Tier IV
status in the New York state local employees' retirement system and be
made eligible for all the rights and benefits thereof.

Section two of this bill deems Chris Karwiel a member of the
retirement system as of the date of his employment, on July 19, 2002,
by the village of Green Island, if on or before December 31, 2014 he
shall file an application therefore with the state comptroller. Upon
the receipt of such an application, Chris Karwiel shall be granted
Tier IV status in the New York state local employees' retirement
system and be made eligible for all the rights and benefits thereof.

Section three of this bill deems Jessica Strizzi a member of the
retirement system as of the date of her employment and membership
application, on June 28, 2007 by the village of Green Island, if on or
before December 31, 2014 she shall file an application therefore with
the state comptroller. Upon the receipt of such an application,
Jessica Strizzi shall be granted Tier IV status in the New York state
local employees' retirement system and be made eligible for all the
rights and benefits thereof.

Section four of this bill deems Taryn Ward a member of the retirement
system as of the date of her employment, on May 27, 2008, by the
village of Green Island, if on or before December 31, 2014 she shall
file an application therefore with the state comptroller. Upon the
receipt of such an application, Taryn Ward shall be granted Tier IV
status in the New York state local employees' retirement system and be
made eligible for all the rights and benefits thereof.

Section five provides that all past service costs will be borne by the
village of Green Island. Section six provides for an immediate
effective date.

JUSTIFICATION: Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn
Ward should be reinstated into Tier IV based upon their dates of
employment by the village of Green Island. This bill addresses
concerns raised in the veto message, and reinforces evidence provided
by the village of Green Island, that due to an administrative error
and for reasons not ascribable to their own negligence, their


applications were not processed in the usual manner therefore
incorrectly placing them in Tier V.

PRIOR LEGISLATIVE HISTORY: A.7459-A/S.5565-A.231 of 2013/2014; VETOED
MEMO 231

FISCAL IMPLICATIONS: There is an immediate past service cost of
approximately $6,550 which will be borne by the village of Green
Island.

EFFECTIVE DATE: Effective immediately

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

    S. 6937                                                  A. 9235

                      S E N A T E - A S S E M B L Y

                              April 2, 2014
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by M. of A. McDONALD -- read once and referred
  to the Committee on Governmental Employees

AN ACT granting retroactive tier IV membership in the New York state and
  local employees' retirement system to Jill Alix, Chris Karwiel, Jessi-
  ca Strizzi and Taryn Ward

  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,  Jill  Alix,  a
member of the New York state and local employees' retirement system, who
was  employed  on  June  20,  2008,  by the village of Green Island as a
recreation director, and  who  filed  membership  applications  in  such
system  on  June 20, 2008 which should have given her Tier IV status but
for reasons not ascribable to her own negligence and due to an  adminis-
trative error, the application was not processed in the usual manner and
therefore  not  processed until December 17, 2012, may be deemed to have
become a member of the New York state and  local  employees'  retirement
system  on  June  20,  2008, if on or before December 31, 2014 she shall
file an application therefor with  the  state  comptroller.    Upon  the
receipt  of  such application, Jill Alix shall be granted Tier IV status
in the New York state and local  employees'  retirement  system  and  be
eligible  for all the rights and benefits thereof. No contributions made
to the New York state and local employees'  retirement  system  by  Jill
Alix shall be returned to her pursuant to this act.
  S  2.  Notwithstanding  any  other  provision of law, Chris Karwiel, a
member of the New York state and local employees' retirement system, who
was employed on July 19, 2002, by the  village  of  Green  Island  as  a
recreation  assistant  and  office  assistant,  and who filed membership
applications in such system on July 19, 2002 which should have given him
Tier IV status but for reasons not ascribable to his own negligence  and
due to an administrative error, the application was not processed in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13413-02-4

S. 6937                             2                            A. 9235

usual  manner  and therefore not processed until September 13, 2011, may
be deemed to have become a member  of  the  New  York  state  and  local
employees'  retirement system on July 19, 2002, if on or before December
31,  2014  he  shall  file  an application therefor with the state comp-
troller. Upon the receipt of such application, Chris  Karwiel  shall  be
granted  Tier  IV  status  in  the  New  York state and local employees'
retirement system and be eligible for all the rights and benefits there-
of. No contributions made to the New York  state  and  local  employees'
retirement  system by Chris Karwiel shall be returned to him pursuant to
this act.
  S 3. Notwithstanding any other provision of law,  Jessica  Strizzi,  a
member of the New York state and local employees' retirement system, who
was  employed  on  June  28,  2007,  by the village of Green Island as a
recreation assistant, and who  filed  membership  applications  in  such
system  on  June 28, 2007 which should have given her Tier IV status but
for reasons not ascribable to her own negligence and due to an  adminis-
trative error, the application was not processed in the usual manner and
therefore not processed until July 9, 2012, may be deemed to have become
a member of the New York state and local employees' retirement system on
June  28,  2007,  if  on  or  before December 31, 2014 she shall file an
application therefor with the state comptroller.  Upon  the  receipt  of
such application, Jessica Strizzi shall be granted Tier IV status in the
New  York  state  and local employees' retirement system and be eligible
for all the rights and benefits thereof. No contributions  made  to  the
New York state and local employees' retirement system by Jessica Strizzi
shall be returned to her pursuant to this act.
  S  4. Notwithstanding any other provision of law, Taryn Ward, a member
of the New York state and local employees' retirement  system,  who  was
employed  on  May  27, 2008, by the village of Green Island as an office
assistant and member of the park staff, and who filed membership  appli-
cations  in such system on May 27, 2008 which should have given her Tier
IV status but for reasons not ascribable to her own negligence  and  due
to  an  administrative  error,  the application was not processed in the
usual manner and therefore not processed until July  19,  2012,  may  be
deemed  to  have become a member of the New York state and local employ-
ees' retirement system on May 27, 2008, if on  or  before  December  31,
2014  she shall file an application therefor with the state comptroller.
Upon the receipt of such application, Taryn Ward shall be  granted  Tier
IV  status  in the New York state and local employees' retirement system
and be eligible for all the rights and  benefits  thereof.  No  contrib-
utions made to the New York state and local employees' retirement system
by Taryn Ward shall be returned to her pursuant to this act.
  S 5. Any past service costs incurred in implementing the provisions of
this act shall be borne by the village of Green Island.
  S 6. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will allow four employees of the Village of Green Island -
Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn Ward  -  to  receive
retroactive  dates of membership in the New York State and Local Employ-
ees' Retirement System, thereby making them Tier 4 members.
  If this bill is enacted and all four members become covered under  the
provisions  of  Tier  4, we anticipate that there will be an increase of
approximately $4,800 in the annual contributions of the Village of Green
Island for the fiscal year ending March 31, 2015. There also will be  an
increase of approximately $2,800 in annual contributions of the State of
New  York  for  the fiscal year ending March 31, 2015 on behalf of Taryn

S. 6937                             3                            A. 9235

Ward, who is currently employed by the State. In future years, this cost
will vary as the billing rates and salary of the four  affected  members
change.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service cost of approximately $6,550 which would be
borne by the Village of Green Island as a one-time payment.  This  esti-
mate is based on the assumption that payment will be made on February 1,
2015
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    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 January 14, 2014 and intended for use only during
the  2014  Legislative  Session, is Fiscal Note No. 2014-52, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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