NY State Senate Bill 2009-S5541

Senate Bill S5541

Signed By Governor

2009-2010 Legislative Session

Authorizes members of the police and fire retirement system in a 20 year plan, with prior employees' retirement system credit, to transfer credit and membership

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Archive: Last Bill Status Via A7993 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.390
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.813 substituted for s5541
Jul 16, 2009	substituted by a7993
Jul 15, 2009	ordered to third reading cal.813 committee discharged and committed to rules
Jun 02, 2009	reported and committed to finance
May 14, 2009	referred to civil service and pensions

Votes

- Jul 16, 2009 - Floor Vote
  A7993
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 15, 2009 - Rules Committee Vote
  S5541
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Saland
      
      excused (1)
      
      Johnson

co-Sponsors

2009-S5541 (ACTIVE) - Details

See Assembly Version of this Bill:: A7993
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§384-d & 381-b, R & SS L

2009-S5541 (ACTIVE) - Summary

Authorizes members of the New York state and local police and fire retirement system in a 20 year plan, with prior transferred New York state and local employees' retirement system credit, to transfer such credit and receive retroactive membership in the employees' retirement system.

2009-S5541 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5541

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
authorizing the transfer of service credit and membership of members
of the New York state and local police and fire retirement system, who
are in a 20 year retirement plan, to the New York state and local
employees' retirement system


 PURPOSE :
To permit police officers and firefighters to transfer certain service
retirement credit from the New York State Police and Fire Retirement
System to the New York State Employees Retirement system and
reactivate their membership. The allowable credit will be the portion
of credit that was originally earned in the Employees Retirement
System and was later transferred into the Police and Fire Retirement
System.

 SUMMARY OF PROVISIONS :
The retirement and social security is amended by adding a new section
z to §384-d and adding a new section g to §381-b, to permit the
transfer of service credits out of the Police and Fire Retirement
System into the Employees Retirement System.

 JUSTIFICATION :

Certain members of the New York State Police and Fire Retirement
System earned credit in the Employees' Retirement System while they
were employed in prior public service. In some cases, members were
actually vested in the Employees' Retirement System and inadvertently
transferred this credit into a special 20 year Police and Fire
Retirement System plan only to discover that it is not creditable
service for pension purposes. This bill allows such members to
transfer that service back into the Employees' Retirement System and
reinstate their membership.  Members who did not transfer this type of
credit remained a member in the Employees' Retirement System, allowing
them to retain credit for their prior public service. The members who
transferred time should be entitled to the same.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
This bill will allow any member of the New York State and Local Police
and Fire Retirement System, who is covered by Sections 384-d or 381-b
of the Retirement and Social Security Law, and who transferred service
credit from the New York State and Local Employees' Retirement System
to the New York State and Local Police and Fire Retirement System, to
transfer that service credit back to the New York State and Local
Employees' Retirement System. If such member had been in a
contributory plan in the New York State and Local Employees'
Retirement System, and had withdrawn those contributions when they
transferred, then by reinstating their membership in the New York
State and Local Employees' Retirement System, they would be required
to replace any member contributions, with interest.

Insofar as this will affect the New York State and Local Employees'
Retirement System, if this bill is enacted, we anticipate that there
will be negligible costs to the State of New York and all of the
participating employers of the New York State and Local Employees'
Retirement System, since this will generally match the release of
liabilities from the New York State and Local Employees' Retirement
System at the time of the original transfer from the New York State
and Local Employees' Retirement System. However there would be costs
to members who had transferred from a contributory plan, to replace
those contributions. This cost to the members would depend on their
salaries and years of service in the New York State and Local
Employees' Retirement System.

 EFFECTIVE DATE :
Immediately.

2009-S5541 (ACTIVE) - Bill Text download pdf

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

                                  5541

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

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

AN ACT to amend the retirement and social security law, in  relation  to
  authorizing  the  transfer of service credit and membership of members
  of the New York state and local police and fire retirement system, who
  are in a 20 year retirement plan, to 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. Section 384-d of the retirement and social security law  is
amended by adding a new subdivision y to read as follows:
  Y.  ANY  MEMBER  CURRENTLY  ENROLLED  PURSUANT TO THIS SECTION AND WHO
PREVIOUSLY TRANSFERRED SERVICE CREDIT FROM THE NEW YORK STATE AND  LOCAL
EMPLOYEES'  RETIREMENT SYSTEM TO THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, MAY ELECT TO  TRANSFER  SUCH  PREVIOUSLY  TRANS-
FERRED  SERVICE  CREDIT  BACK TO THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM, AND SUCH MEMBER SHALL HAVE THE OPTION TO RETROACTIVE-
LY TRANSFER HIS  OR  HER  MEMBERSHIP  INTO  SUCH  EMPLOYEES'  RETIREMENT
SYSTEM.
  S  2.  Section  381-b  of  the  retirement  and social security law is
amended by adding a new subdivision g to read as follows:
  G. TRANSFER OF MEMBERSHIP TO EMPLOYEES' RETIREMENT SYSTEM. ANY  MEMBER
CURRENTLY  ENROLLED  PURSUANT  TO THIS SECTION AND WHO PREVIOUSLY TRANS-
FERRED SERVICE CREDIT FROM THE  NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
RETIREMENT  SYSTEM  TO  THE  NEW  YORK  STATE  AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM, MAY ELECT TO  TRANSFER  SUCH  PREVIOUSLY  TRANSFERRED
SERVICE  CREDIT  BACK TO THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM, AND SUCH MEMBER SHALL  HAVE  THE  OPTION  TO  RETROACTIVELY
TRANSFER HIS OR HER MEMBERSHIP INTO SUCH EMPLOYEES' RETIREMENT SYSTEM.
  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.
                                                           LBD11520-01-9

S. 5541                             2

  This bill will allow any member of the New York State and Local Police
and Fire Retirement System, who is covered by Sections 384-d or 381-b of
the  Retirement  and  Social  Security  Law, and who transferred service
credit from the New York State and Local Employees' Retirement System to
the  New  York  State  and  Local  Police and Fire Retirement System, to
transfer that service credit back  to  the  New  York  State  and  Local
Employees'  Retirement System. If such member had been in a contributory
plan in the New York State and Local Employees' Retirement  System,  and
had  withdrawn  those contributions when they transferred, then by rein-
stating their membership in the New  York  State  and  Local  Employees'
Retirement System, they would be required to replace any member contrib-
utions, with interest.
  Insofar  as  this  will affect the New York State and Local Employees'
Retirement System, if this bill is enacted,  we  anticipate  that  there
will be negligible costs to the State of New York and all of the partic-
ipating  employers of the New York State and Local Employees' Retirement
System, since this will generally match the release of liabilities  from
the New York State and Local Employees' Retirement System at the time of
the  original  transfer  from  the  New  York State and Local Employees'
Retirement System. However there would  be  costs  to  members  who  had
transferred  from  a  contributory plan, to replace those contributions.
This cost to the members would depend on their  salaries  and  years  of
service in the New York State and Local Employees' Retirement System.
  This  estimate, dated March 27, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-191,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System and the New York State  and  Local  Police  and  Fire  Retirement
System.

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Senate Bill S5541

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Sponsored By

Diane J. Savino