S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  525--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  authorize Kim Bowers to receive certain service credit with
   the New York state and local employees' 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 the law to the
 contrary, Kim Bowers, an employee of the Erie County Water Authority and
 a member of the New York state and local employees'  retirement  system,
 who  for  the  period  beginning January 1, 2006 and ending November 19,
 2018, was employed as a member of the Zoning Board of Appeals  with  the
 town  of  Orchard  Park,  and who, for reasons not ascribable to her own
 negligence, failed to become a member of such retirement  system  during
 such  employment  with the town of Orchard Park, shall be deemed to have
 joined the New York state and local employees' retirement system on  the
 date  January  1, 2006, if within one year of the effective date of this
 act, she shall file a written request with the state comptroller.
   § 2. No contributions made to the New York state and local  employees'
 retirement  system  by  Kim  Bowers shall be returned or refunded to her
 pursuant to this act.
   § 3.  All past service costs of implementing the  provisions  of  this
 act shall be borne by the town of Orchard Park.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would grant retroactive Tier 4 status in the New York State
 and Local Employees' Retirement System to Kim Bowers, a current  Tier  6
 member  employed  by  the Erie County Water Authority, by changing their
 date of membership to January 1, 2006. There will be no refund of member
 contributions.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00371-03-3
              

 S. 525--A                           2
 
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate that there will be an increase  of  approximately  $5,600  in  the
 annual  contributions  of the Erie County Water Authority for the fiscal
 year ending March 31, 2024. In future years, this cost will vary as  the
 billing rates and salary of Kim Bowers change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $13,900 which will be
 borne by the Town of Orchard Park as a one-time payment.  This  estimate
 assumes that payment will be made on February 1, 2024.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   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 January 3, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No. 2023-2, prepared by the
 Actuary for the New York State and Local Retirement System.