senate Bill S7243

Authorizes John Bergmann to obtain credit for service to a participating employer in the New York state and local employees' retirement system

download pdf

Sponsor

Bill Status


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

actions

  • 07 / May / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 28 / May / 2014
    • 1ST REPORT CAL.993
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Authorizes John Leslie Bergmann to apply for and obtain retirement service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system, of which he is a retired member due to retirement from employment by the city school district of the city of New York.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9989
Versions:
S7243
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Retirement
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2833A, S2833A
2009-2010: S2689, S2689

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S7243

TITLE OF BILL: An act to authorize John Leslie Bergmann to apply for
and receive service credit, for service in the employment of a
participating employer in the New York state and local employees'
retirement system, in the New York city teachers' retirement system

PURPOSE OR GENERAL IDEA OF BILL: This legislation authorizes John
Leslie Bergmann to apply for membership and receive service credit in
the New York State and Local Employees' Retirement System and then
transfer such service credit to the New York City Teachers' Retirement
System.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of the bill allows John Leslie Bergmann to be deemed a
member of the New York State and Local Retirement System beginning on
September 6, 1988 pending an application with the Office of the State
Comptroller. It further authorizes John Leslie Bergmann to transfer
such credit to the New York City Teachers Retirement System. Section
Two is the effective date.

JUSTIFICATION: Through no fault of his own, John Leslie Bergmann
failed to become a member of the New York State and Local Employees'
Retirement system when he commenced employment on September 6, 1988
with Westchester Community College. Under current law, John Leslie
Bergmann would be required to suspend his current pension benefit in
order to join the New York City Teachers' Retirement system. The
purpose of this bill is to rectify this inequity.

LEGISLATIVE HISTORY: 2011-12: S2833-A - Died in Civil Service and
Pensions 2009-10: S.2689 - Died Civil Service and Pensions Committee
2008: S.7301 - Died Civil Service and Pensions Committee

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
________________________________________________________________________

                                  7243

                            I N  S E N A T E

                               May 7, 2014
                               ___________

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

AN ACT to authorize John  Leslie  Bergmann  to  apply  for  and  receive
  service  credit,  for  service  in  the  employment of a participating
  employer in the New York state and local employees' retirement system,
  in the New York city teachers' 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,
John Leslie Bergmann, who retired on July 1, 2002 from employment by the
city  school district of the city of New York and receives benefits from
the New York city teachers' retirement system, and who commenced employ-
ment by  the  Westchester  county  community  college,  a  participating
employer  in  the New York state and local employees' retirement system,
on September 6, 1988, and who, for reasons not  ascribable  to  his  own
negligence,  did  not  become  a  member of the New York state and local
employees' retirement system, shall be entitled  to  receive  retirement
service  credit for his service as an employee of the Westchester county
community college, from the date of his commencement of such  employment
until  the  date  of  his  retirement from employment by the city school
district of the city of New York, in the New York city teachers' retire-
ment system if, on or before the thirty-first of December next  succeed-
ing  the  date  on  which  it  shall have become a law, he shall file an
application therefor with the state comptroller.
  S 2. Notwithstanding any other provision of law to the contrary, ther-
eupon, the New York state and local employees' retirement  system  shall
transfer  to the New York city teachers' retirement system an amount, to
be determined by the state comptroller, equal to that  which  the  West-
chester county community college would have been obligated to pay to the
New  York state and local employees' retirement system on account of its
employment of John Leslie Bergmann, together with interest thereon,  had
he  become  a  member  of  such  retirement  system  at  the time of the
commencement of his employment by Westchester county community  college.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01785-02-4

S. 7243                             2

In  addition to such transfer, John Leslie Bergmann shall pay to the New
York city teachers' retirement system, in a lump sum, an amount, if any,
to be determined by the state comptroller, equal to that which he  would
have  been  obligated  to  contribute  to  the  New York state and local
employees' retirement system due to his employment by Westchester county
community college, had he become  a  member  of  such  system  upon  the
commencement of such employment, from the date of the commencement ther-
eof  until the date of his retirement from employment by the city school
district of the city of New York.
  S 3. Upon receipt of the transfer and the payment required by  section
two  of  this  act,  the New York city teachers' retirement system shall
grant the retirement service authorized by section one of  this  act  to
John Leslie Bergmann and shall recalculate and pay his retirement allow-
ance  accordingly and pay to him any arrearage or deficiency to which he
may be entitled pursuant to the provisions of this act in a lump sum.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.: Pursuant to Legislative Law, Section 50:
  This bill will adjust the retirement benefit of John Leslie  Bergmann,
a retiree from the New York City Teachers Retirement System (NYCTRS), by
increasing  his  final  average salary by approximately $16,000 based on
salary  earned  while  working  for  the  Westchester  County  Community
College.  The  additional benefit based on the increase in final average
salary will then be paid retroactively to his date  of  retirement  from
the NYCTRS.
  If  this bill is enacted, insofar as it affects the New York State and
Local Employees' Retirement System, we anticipate that there will  be  a
transfer of approximately $9,800 to the NYCTRS. This cost will be shared
by  the  State of New York and all of the participating employers in the
New York State and Local Employees' Retirement System. In  addition,  we
estimate  that  Mr.  Bergmann  will have to pay approximately $12,000 in
member contributions to the NYCTRS. The sum of  these  amounts  will  be
used to partially offset the cost to the NYCTRS.
  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 February 6, 2014 and intended for use only during
the  2014  Legislative  Session, is Fiscal Note No. 2014-77, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.