Assembly Bill A9989

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

                                  9989

                          I N  A S S E M B L Y

                              June 5, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
  read once and referred to the Committee on Governmental Employees

AN  ACT  to  authorize  John  Leslie  Bergmann  to apply for and receive
  service credit, for service  in  the  employment  of  a  participating
  employer in the New York state and local employees' retirement system,
  in the New York city teachers' 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 law to the contrary,
John Leslie Bergmann, who retired on July 1, 2002 from employment by the
city school district of the city of New York and receives benefits  from
the New York city teachers' retirement system, and who commenced employ-
ment  by  the  Westchester  county  community  college,  a participating
employer in the New York state and local employees'  retirement  system,
on  September  6,  1988,  and who, for reasons not ascribable to his own
negligence, did not become a member of the  New  York  state  and  local
employees'  retirement  system,  shall be entitled to receive retirement
service credit for his service as an employee of the Westchester  county
community  college, from the date of his commencement of such employment
until the date of his retirement from  employment  by  the  city  school
district of the city of New York, in the New York city teachers' retire-
ment  system if, on or before the thirty-first of December next succeed-
ing the date on which it shall have become  a  law,  he  shall  file  an
application therefor with the state comptroller.
  S 2. Notwithstanding any other provision of law to the contrary, ther-
eupon,  the  New York state and local employees' retirement system shall
transfer to the New York city teachers' retirement system an amount,  to
be  determined  by  the state comptroller, equal to that which the West-
chester county community college would have been obligated to pay to the
New York state and local employees' retirement system on account of  its
employment  of John Leslie Bergmann, together with interest thereon, had
he become a member  of  such  retirement  system  at  the  time  of  the
commencement  of his employment by Westchester county community college.
In addition to such transfer, John Leslie Bergmann shall pay to the  New

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

                                                           LBD01785-02-4

A. 9989                             2

York city teachers' retirement system, in a lump sum, an amount, if any,
to  be determined by the state comptroller, equal to that which he would
have been obligated to contribute  to  the  New  York  state  and  local
employees' retirement system due to his employment by Westchester county
community  college,  had  he  become  a  member  of such system upon the
commencement of such employment, from the date of the commencement ther-
eof until the date of his retirement from employment by the city  school
district of the city of New York.
  S  3. Upon receipt of the transfer and the payment required by section
two of this act, the New York city  teachers'  retirement  system  shall
grant  the  retirement  service authorized by section one of this act to
John Leslie Bergmann and shall recalculate and pay his retirement allow-
ance accordingly and pay to him any arrearage or deficiency to which  he
may be entitled pursuant to the provisions of this act in a lump sum.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.: Pursuant to Legislative Law, Section 50:
  This  bill will adjust the retirement benefit of John Leslie Bergmann,
a retiree from the New York City Teachers Retirement System (NYCTRS), by
increasing his final average salary by approximately  $16,000  based  on
salary  earned  while  working  for  the  Westchester  County  Community
College. The additional benefit based on the increase in  final  average
salary  will  then  be paid retroactively to his date of retirement from
the NYCTRS.
  If this bill is enacted, insofar as it affects the New York State  and
Local  Employees'  Retirement System, we anticipate that there will be a
transfer of approximately $9,800 to the NYCTRS. This cost will be shared
by the State of New York and all of the participating employers  in  the
New  York  State and Local Employees' Retirement System. In addition, we
estimate that Mr. Bergmann will have to  pay  approximately  $12,000  in
member  contributions  to  the  NYCTRS. The sum of these amounts will be
used to partially offset the cost to the NYCTRS.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  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, 2013
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 estimate, dated February 6, 2014 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No.  2014-77,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.