S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6164--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. MANKTELOW, B. MILLER, SMULLEN, BRABENEC, DeSTEFA-
   NO  -- read once and referred to the Committee on Governmental Employ-
   ees -- recommitted to  the  Committee  on  Governmental  Employees  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  granting retroactive membership in the New York state and local
   employees' retirement system to Justin Whitmore
 
   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, Justin Whit-
 more, a member of the New York State and Local Police and  Fire  Retire-
 ment  System  currently  employed  by  the  city  of  Rochester, who was
 employed as a seasonal employee for Sampson  State  Park,  beginning  on
 July 7, 2007, who through no fault of his own, failed to become a member
 of the New York state and local employees' retirement system during such
 employment by Sampson State Park in 2007, shall be deemed to have joined
 the  New  York  state and local employees' retirement system on the date
 July 7, 2007 and shall be granted Tier  IV  status  in  such  retirement
 system,  if, within one year of the effective date of this act, he shall
 file a written request with the state comptroller.
   § 2. All past service costs of implementing the provisions of this act
 shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill would provide Justin R. Whitmore a  date  of  membership  of
 July  7, 2007 resulting in Tier 2 status in the New York State and Local
 Police and Fire Retirement System. The member is currently in Tier 6.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate that there will be an increase  of  approximately  $9,300  in  the
 annual contributions of the City of Rochester for the fiscal year ending

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05318-04-1
              

 A. 6164--A                          2
 
 March  31,  2023.  In  future  years, this cost will vary as the billing
 rates and salary of Justin Whitmore change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $34,200 which will be
 borne by the State of New York as a one-time payment. This  estimate  is
 based on the assumption that payment will be made on March 1, 2023.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated December 22, 2022,  and  intended  for  use  only
 during  the  2022  Legislative  Session,  is  Fiscal  Note  No. 2022-23,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.