senate Bill S4163B

2011-2012 Legislative Session

Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2012 print number 4163b
amend and recommit to civil service and pensions
Jan 04, 2012 referred to civil service and pensions
Jun 07, 2011 print number 4163a
amend (t) and recommit to civil service and pensions
Mar 21, 2011 referred to civil service and pensions

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4163 - Bill Details

See Assembly Version of this Bill:
A8315A
Current Committee:
Law Section:
Retirement

S4163 - Bill Texts

view summary

Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie.

view sponsor memo
BILL NUMBER:S4163

TITLE OF BILL:
An act
to authorize the county of Erie to offer an optional twenty year
retirement plan to deputy sheriffs Thomas Van Wie and Karen Ott-Kelley

PURPOSE:
To allow Thomas Van Wie and Karen Ott-Kelly, Deputy Sheriffs in Erie
County, to retroactively enroll in an option 20-year retirement plan
under Sections 552 and 553 of the Retirement and Social Security Law.

SUMMARY OF PROVISIONS:
Section 1. Allows Thomas Van Wie and Karen Ott-Kelly to participate in
an optional 20-year retirement plan under the Retirement and Social
Security Law.

Section 2. Ensures that no cost is borne by the state.

Section 3. Effective date.

JUSTIFICATION:
Sections 552 and 553 of the Retirement and Social Security Law allows
a sheriff, undersheriff or deputy sheriff to enroll in an optional
20-year retirement plan with permission of his or her employer, but
only within the first year of their service.

Unfortunately, due to situations beyond the control of individual
eligible employees, the first year window closes without them being
aware of their ability to participate in such a retirement plan. Such
is the case with the two Erie County Deputy Sheriffs that this bill
deals with.

Thomas Van Wie was hired by Erie County as a Deputy Sheriff in 2006.
However, he was also a member of the New York Army National Guard
105th Military Police Company, and was subsequently activated for
service, responding to the 2006 October Storm emergency. While on
Active Duty, Deputy Van Wie's mail was also re-routed. As often
happens in such situations, part of his mail went missing. It just so
happened that his application and notification to enroll in the
optional twenty-year retirement plan was part of the mail misplaced.
Deputy Van Wie was soon informed that he had not successfully
enrolled in the optional retirement plan, though it was his intent to
do so.

Karen Ott-Kelly was also hired as a Deputy Sheriff in 2004. Like Deputy
Van Wie, she was made aware of the closing of the enrollment period
for her retirement plan, but never received notice. She had changed
residences on four separate occasions between 2004-06; creating
another situation where the enrollment application and notice were
lost before reaching their intended recipient.

This legislation acknowledges the extenuating circumstances Karen
Ott-Kelly and Thomas Van Wie faced with regards to enrolling in the
Erie County Sheriff's Office optional20-year retirement plan. Upon


consent of Erie County, this bill would allow these law enforcement
personnel to pursue the retirement they rightfully deserve.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4163

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

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

AN ACT to authorize the county of Erie to offer an optional twenty  year
  retirement plan to deputy sheriffs Thomas Van Wie and Karen Ott-Kelley

  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,
the county of Erie, a participating employer in the New York  state  and
local employees retirement system, which previously elected to offer the
optional  twenty  year  retirement plan, established pursuant to section
552 of the retirement  and  social  security  law,  and  the  additional
pension  benefits  to  members  of  such  plan,  established pursuant to
section 553 of the retirement and  social  security  law,  to  sheriffs,
under-sheriffs  and  deputy  sheriffs employed by such county, is hereby
authorized to make participation in such plan and benefits available  to
Thomas  Van  Wie  and  Karen Ott-Kelley, deputy sheriffs employed by the
county of Erie since September 5, 2006 and July 31, 2004,  respectively,
who,  for reasons not ascribable to their own negligence, failed to make
a timely application to participate in such optional twenty year retire-
ment plan and the additional pension benefits therefor.  The  county  of
Erie  may  so  elect  by filing with the state comptroller, on or before
December 31, 2011, a resolution of its local legislative  body  together
with certification that such deputy sheriffs did not bar themselves from
participation  in  such  retirement plan as a result of their own negli-
gence. Thereafter, such deputy sheriffs may elect to be covered  by  the
provisions of sections 552 and 553 of the retirement and social security
law,  and  shall  be entitled to the full rights and benefits associated
with coverage under such sections, by filing a request  to  that  effect
with the state comptroller on or before June 30, 2012.
  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the county of Erie.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09635-04-1

S. 4163                             2

  S 3. This act shall take effect immediately.
  FISCAL  NOTE.--This bill will allow Erie County to elect to reopen the
provisions of a 20 year retirement plan pursuant to Section 552  of  the
Retirement and Social Security Law for sheriffs, undersheriffs and depu-
ty  sheriffs.  Affected  members  would  also immediately become covered
under Section 553, which gives additional 60ths of final average  salary
for each year of creditable service beyond 20 years.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $13,300 in the annual contributions of Eric County  for
the fiscal year ending March 31, 2012.
  In addition to the annual contributions discussed above, there will be
an  immediate  past service cost of approximately $15,100 which would be
borne by Erie County as a one-time payment. This estimate  is  based  on
the assumption that payment will be made on February 1, 2012.
  This  estimate, dated March 16, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-137,  prepared  by
the  Actuary  of  the  New  York  State  and Local Employees' Retirement
System.

S4163A - Bill Details

See Assembly Version of this Bill:
A8315A
Current Committee:
Law Section:
Retirement

S4163A - Bill Texts

view summary

Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie.

view sponsor memo
BILL NUMBER:S4163A

TITLE OF BILL:
An act
to authorize the county of Erie to offer an optional twenty year
retirement plan to deputy sheriff Thomas Van Wie

PURPOSE:
To allow Thomas Van Wie, Deputy Sheriffs in Erie County, to
retroactively enroll in an option 20-year retirement plan under
Sections 552 and 553 of the Retirement and Social Security Law.

SUMMARY OF PROVISIONS:
Section 1. Allows Thomas Van Wie to participate in an optional 20-year
retirement plan under the Retirement and Social Security Law.

Section 2. Ensures that no cost is borne by the state.

Section 3. Effective date.

JUSTIFICATION:
Sections 552 and 553 of the Retirement and Social Security Law allows
a sheriff, undersheriff or deputy sheriff to enroll in an optional
20-year retirement plan with permission of his or her employer, but
only within the first year of their service.

Unfortunately, due to situations beyond the control of individual
eligible employees, the first year window closes without them being
aware of their ability to participate in such a retirement plan. Such
is the case with the two Erie County Deputy Sheriffs that this bill
deals with.

Thomas Van Wie was hired by Erie County as a Deputy Sheriff in 2006.
However, he was also a member of the New York Army National Guard
105th Military Police Company, and was subsequently activated for
service, responding to the 2006 October Storm emergency. While on
Active Duty, Deputy Van Wie's mail was also re-routed. As often
happens in such situations, part of his mail went missing. It just so
happened that his application and notification to enroll in the
optional twenty-year retirement plan was part of the mail misplaced.
Deputy Van Wie was soon informed that he had not successfully
enrolled in the optional retirement plan, though it was his intent to
do so.

This legislation acknowledges the extenuating circumstances Thomas Van
Wie faced in regards to enrolling in the Erie County Sheriff's Office
optional 20-year retirement plan. Upon consent of Erie County, this
bill would allow this individual to pursue the retirement he
rightfully deserves.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.


EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4163--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

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 the county of Erie to offer an optional twenty year
  retirement plan to deputy sheriff Thomas Van Wie

  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,
the  county  of Erie, a participating employer in the New York state and
local employees retirement system, which previously elected to offer the
optional twenty year retirement plan, established  pursuant  to  section
552  of  the  retirement  and  social  security  law, and the additional
pension benefits to  members  of  such  plan,  established  pursuant  to
section  553  of  the  retirement  and social security law, to sheriffs,
under-sheriffs and deputy sheriffs employed by such  county,  is  hereby
authorized  to make participation in such plan and benefits available to
Thomas Van Wie, deputy sheriff employed by  the  county  of  Erie  since
September 5, 2006 who, for reasons not ascribable to his own negligence,
failed  to  make  a  timely  application to participate in such optional
twenty year retirement plan and the additional pension  benefits  there-
for.  The  county  of  Erie  may so elect by filing with the state comp-
troller, on or before December 31,  2011,  a  resolution  of  its  local
legislative  body  together  with certification that such deputy sheriff
did not bar himself from participation in  such  retirement  plan  as  a
result  of his own negligence. Thereafter, such deputy sheriff may elect
to be covered by the provisions of sections 552 and 553 of  the  retire-
ment  and  social security law, and shall be entitled to the full rights
and benefits associated with coverage under such sections, by  filing  a
request  to that effect with the state comptroller on or before June 30,
2012.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09635-06-1

S. 4163--A                          2

  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the county of Erie.
  S 3. This act shall take effect immediately.
  FISCAL  NOTE.--This bill will allow Erie County to elect to reopen the
provisions of a 20 year retirement plan pursuant to Section 552  of  the
Retirement and Social Security Law for sheriffs, undersheriffs and depu-
ty  sheriffs.    Affected  members would also immediately become covered
under Section 553, which gives additional 60ths of final average  salary
for each year of creditable service beyond 20 years.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $13,300 in the annual contributions of Erie County  for
the fiscal year ending March 31, 2012.
  In addition to the annual contributions discussed above, there will be
an  immediate  past service cost of approximately $15,100 which would be
borne by Erie County as a one-time payment. This estimate  is  based  on
the assumption that payment will be made on February 1, 2012.
  This  estimate, dated March 16, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-137,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

S4163B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8315A
Current Committee:
Law Section:
Retirement

S4163B (ACTIVE) - Bill Texts

view summary

Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie.

view sponsor memo
BILL NUMBER:S4163B

TITLE OF BILL:
An act
to authorize the county of Erie to offer an optional twenty year
retirement plan to deputy sheriff Thomas Van Wie

PURPOSE:
To allow Thomas Van Wie, Deputy Sheriffs in Erie County, to
retroactively enroll in an option 20-year retirement plan under
Sections 552 and 553 of the Retirement and Social Security Law.

SUMMARY OF PROVISIONS:
Section 1. Allows Thomas Van Wie to participate in an optional 20-year
retirement plan under the Retirement and Social Security Law.

Section 2. Ensures that no cost is borne by the state.

Section 3. Effective date.

EXISTING LAW:

JUSTIFICATION:
Sections 552 and 553 of the Retirement and Social Security Law allows
a sheriff, undersheriff or deputy sheriff to enroll in an optional
20-year retirement plan with permission of his or her employer, but
only within the first year of their service.

Unfortunately, due to situations beyond the control of individual
eligible employees, the first year window closes without them being
aware of their ability to participate in such a retirement plan. Such
is the case with the two Erie County Deputy Sheriffs that this bill
deals with.

Thomas Van Wie was hired by Erie County as a Deputy Sheriff in 2006.
However, he was also a member of the New York Army National Guard
105th Military Police Company, and was subsequently activated for
service, responding to the 2006 October Storm emergency. While on
Active Duty, Deputy Van Wie's mail was also re-routed. As often
happens in such situations, part of his mail went missing. It just so
happened that his
application and notification to enroll in the optional twenty-year
retirement plan was part of the mail misplaced. Deputy Van Wie was
soon informed that he had not successfully enrolled in the optional
retirement plan, though it was his intent to do so.

This legislation acknowledges the extenuating circumstances Thomas Van
Wie faced in regards to enrolling in the Erie County Sheriff's Office
optional 20-year retirement plan. Upon consent of Erie County, this
bill would allow this individual to pursue the retirement he
rightfully deserves.

LEGISLATIVE HISTORY:
New Bill.


FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4163--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

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 -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to authorize the county of Erie to offer an optional twenty year
  retirement plan to deputy sheriff Thomas Van Wie

  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,
the  county  of Erie, a participating employer in the New York state and
local employees' retirement system, which previously  elected  to  offer
the  optional  twenty  year  retirement  plan,  established  pursuant to
section 552 of the retirement and social security  law,  and  the  addi-
tional pension benefits to members of such plan, established pursuant to
section  553  of  the  retirement  and social security law, to sheriffs,
under-sheriffs and deputy sheriffs employed by such  county,  is  hereby
authorized  to make participation in such plan and benefits available to
Thomas Van Wie, deputy sheriff employed by  the  county  of  Erie  since
September 5, 2006 who, for reasons not ascribable to his own negligence,
failed  to  make  a  timely  application to participate in such optional
twenty year retirement plan and the additional pension  benefits  there-
for.  The  county  of  Erie  may so elect by filing with the state comp-
troller, on or before December 31,  2013,  a  resolution  of  its  local
legislative  body  together  with certification that such deputy sheriff
did not bar himself from participation in  such  retirement  plan  as  a
result  of his own negligence. Thereafter, such deputy sheriff may elect
to be covered by the provisions of sections 552 and 553 of  the  retire-
ment  and  social security law, and shall be entitled to the full rights

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09635-10-2

S. 4163--B                          2

and benefits associated with coverage under such sections, by  filing  a
request  to that effect with the state comptroller on or before June 30,
2014.
  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the county of Erie.
  S 3. This act shall take effect immediately.
  FISCAL  NOTE.--This bill will allow Erie County to elect to reopen the
provisions of a 20 year retirement plan pursuant to Section 552  of  the
Retirement  and  Social  Security Law for deputy sheriff Thomas Van Wie.
He would also immediately become covered under Section 553, which  gives
additional  60ths  of  final  average salary for each year of creditable
service beyond 20 years.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately  $9,100 in the annual contributions of Erie County for
the fiscal year ending March 31, 2013.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $19,700 which  would  be
borne  by  Erie  County as a one-time payment. This estimate is based on
the assumption that payment will be made on February 1, 2013.
  Summary of relevant resources:
  Data: March 31, 2011 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010 and 2011  Annual  Report  to  the  Comp-
troller  on  Actuarial  Assumptions,  Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2011 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2011 Actuarial Valuations report.
  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 6, 2012, and intended for use only during
the  2012  Legislative  Session, is Fiscal Note No. 2012-57, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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