Senate Bill S2459

2011-2012 Legislative Session

Authorizes James Freitag, a retiree, to apply for retroactive membership in the New York state teachers' retirement system

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to civil service and pensions
Jan 21, 2011	referred to civil service and pensions

2011-S2459 (ACTIVE) - Details

See Assembly Version of this Bill:: A3775
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2009-2010 Legislative Session:: S5669

2011-S2459 (ACTIVE) - Summary

Authorizes James Freitag to apply for retroactive membership in the New York state teachers' retirement system, and to have his retirement benefits adjusted accordingly.

2011-S2459 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2459

TITLE OF BILL:
An act
to authorize James Freitag, a retiree receiving benefits from the New
York state teachers' retirement system,
to apply for retroactive membership in such
retirement system

PURPOSE OR GENERAL IDEA OF BILL:
To authorize James P. Freitag to
apply for retroactive membership in the New York State Teachers'
Retirement System.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would grant retroactive Tier
II status in the New York State Teachers' Retirement System to James P.
Freitag by deeming him to have been a member of such system since June
5, 1975.

JUSTIFICATION:
James P. Freitag began his employment with the county
of Cattaraugus on June 5, 1975 and remained as a county employee
for the next four years. However, Mr. Freitag was not informed of his
eligibility to join the retirement system until August of 1978.
Several factors contributed to the fact that Mr. Freitag was not

given the same opportunity to join the retirement system as other
county employees were.

Mr. Freitag was employed by the county as a provisional counselor from
June 5, 1975 until September 12, 1976 and then was called away to
active duty for the U.S. Army on September 11, 1976 until the summer
of 1978. He was on leave from the county, but remained as a
provisional competitive class employee.
Therefore, he was away on active duty during the time period when
other county employees were informed by the county of the
opportunity to join the New York State and Local Employees'
Retirement System (ERS). Mr. Freitag joined Tier III of ERS at the
first opportunity he was presented with, in August 1978.

Mr. Freitag was then employed by a public school in August 1979, at
which time he became a member of the New York State Teachers'
Retirement System (NYSTRS) transferring his membership from ERS where
he remained in Tier III.

The county and state have found for the following reasons that the
relief sought by Mr. Freitag is appropriate: First, he did not
expressly decline membership, second, he did not participate in any
procedure explaining the option to join the system as other county
employees did, and third, there is no record that Mr. Freitag was
afforded by the county the opportunity to participate in a procedure

that a reasonable person would recognize as an explanation or request
requiring a formal decision by him to join the public retirement
system until August, 1978. Since Tier II was closed off as of July 1,
1976 Mr. Freitag was not afforded the option to join Tier II as other
county employees were.

Both the county of Cattaraugus and the New York State Teachers'
Retirement System acknowledge that James P. Freitag was an eligible
employee as of June 5, 1975. This recognition should, in and of
itself, be proof that Mr. Freitag deserves to be granted Tier II
status.

PRIOR LEGISLATIVE HISTORY:
2009,2010: S.5669-A/A.8718 Referred To Civil Service and Pensions

FISCAL IMPLICATIONS:
If this is enacted, there will be an immediate
past service cost of approximately $81,000 which would be paid by the
county of Cattaraugus, New York State.

This estimate, dated December 9, 2010 is intended for use only during
the 2011 Legislative Session, as prepared by the Actuary for the
NYSTRS.

If Mr. Freitag is not granted the opportunity to join Tier II this
year, the estimated cost to the county, should it be enacted next
year, will go up significantly.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2459 (ACTIVE) - Bill Text download pdf

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

                                  2459

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

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

AN ACT to authorize James Freitag, a retiree receiving benefits from the
  New York state teachers' retirement system, to apply  for  retroactive
  membership in such retirement system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any provision of law to the contrary, James
Freitag, a retired member of the New  York  state  teachers'  retirement
system  having  Tier  III status and receiving retirement benefits since
his retirement on August 15, 2010, who was  employed  as  a  provisional
counselor by the county of Cattaraugus from June 5, 1975 until September
12,  1976,  and  who,  for reasons not ascribable to his own negligence,
failed to become a member of the New York  state  and  local  employees'
retirement  system  during such employment by the county of Cattaraugus,
shall be deemed to have become a member of the New York state  teachers'
retirement  system  having  Tier  II  status  on  June 5, 1975 and shall
receive service credit in such retirement system for his  employment  by
the  county of Cattaraugus, if, on or before December 31, 2011, he files
a written application therefor with   the head of  the  New  York  state
teachers'  retirement  system; and upon receipt of such application, the
head of the New York state teachers' retirement system shall recalculate
James Freitag's retirement benefits retroactive to August  5,  2010  and
thereafter  and  pay  such benefits accordingly as if he shall have been
deemed to have joined such retirement system on June 5, 1975.
  S 2. All past service costs of implementing the provision of this  act
shall be borne by the county of Cattaraugus.
  S  3. Notwithstanding any other provision of law, no employee contrib-
utions shall be returned to James Freitag.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06930-03-1

S. 2459                             2

  FISCAL NOTE.--This bill would allow James Freitag, a retired Tier  III
member  of the New York State Teachers' Retirement System, to be reclas-
sified as a Tier II member. His date of membership would be  changed  to
June  5,  1975, based upon his employment with the county of Cattaraugus
during the period June 5, 1975 to September 12, 1976.  Additionally, Mr.
Freitag's  pension  would be recalculated with retroactive adjustment to
payments made since his date of retirement of August 15, 2010. Mr. Frei-
tag must file a written request with the head of New York  State  Teach-
ers'  Retirement  System  on  or  before  December 31, 2011. No employee
contributions shall be refunded.
  The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $81,000.  This  cost  shall  be
borne  by  the county of Cattaraugus. The annul cost to the employers of
members of the New York State Teachers' Retirement System  is  estimated
to be negligible if this bill is enacted.
  The  source  of this estimate is Fiscal Note 2011-06 dated December 9,
2010 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2011 Legislative Session.

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Senate Bill S2459

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2011-S2459 (ACTIVE) - Details

2011-S2459 (ACTIVE) - Summary

2011-S2459 (ACTIVE) - Sponsor Memo

2011-S2459 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

2011-S2459 (ACTIVE) - Details

2011-S2459 (ACTIVE) - Summary

2011-S2459 (ACTIVE) - Sponsor Memo

2011-S2459 (ACTIVE) - Bill Text download pdf

Comments