senate Bill S3108

2013-2014 Legislative Session

Grants George W. Hemstead retroactive membership in the New York state and local employees' retirement system

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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 08, 2014 referred to civil service and pensions
Jan 30, 2013 referred to civil service and pensions

S3108 - Bill Details

Current Committee:
Law Section:
Retirement
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3150B
2009-2010: S6452

S3108 - Bill Texts

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Grants George W. Hemstead retroactive membership in the New York state and local employees' retirement system.

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BILL NUMBER:S3108

TITLE OF BILL: An act to grant George W. Hemstead a retroactive member-
ship date in the New York state and local employees' retirement system

PURPOSE: This legislation would grant George W. Hemstead retroactive
membership in the New York State and Local Employees' Retirement System.

SUMMARY OF PROVISIONS:

Section 1 deems George W. Hemstead a member of the New York State and
Local Employees' Retirement System as of June 22, 1968.

JUSTIFICATION: Through no fault of his own, George W. Hemstead was not
made a member of the retirement system when he was a seasonal employee
with the Office of Parks, Recreation and Historic Preservation. This
bill would rectify the situation by recognizing Mr. Hemstead's previous
service and provide him with the same retirement benefits as other indi-
viduals who were employed during the same time period.

LEGISLATIVE HISTORY: 2010: Referred to Civil Service and Pensions 2012:
Referred to Civil Service and Pensions

FISCAL IMPLICATIONS: This bill will change George W. Hemstead's date of
membership in the New York State and Local Employees' Retirement System
to June 22, 1968, the first date he was employed by the New York State
Department of Parks and Recreation. This will change his membership from
Tier 3 to Tier 1. There will be no refund of member contributions.

If this bill is enacted, we anticipate that there will be an increase of
approximately $3,700 in the annual contributions of the State of New
York for the fiscal year ending March 31, 2011.

In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $69,500 which would be
borne by the state of New York as a one time payment. This estimate is
based on the assumption that payment will be made on March 1, 2011.

This estimate, dated January 11, 2010 and intended for Use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-55, prepared by
the Actuary for the New York State and Local Employees' Retirement
Systems.

EFFECTIVE DATE: Immediately.

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

                                  3108

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

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

AN ACT to grant George W. Hemstead a retroactive membership date in  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  provision  of  law  to  the  contrary,
George  W.  Hemstead,  a  retired member of the New York state and local
employees' retirement system having Tier III status, who was employed as
a lifeguard, at the Saratoga state park, by the office of parks,  recre-
ation  and  historic  preservation commencing on June 22, 1968, and who,
for reasons not ascribable to his own negligence,  failed  to  become  a
member of such retirement system during such employment by the office of
parks,  recreation  and  historic  preservation, shall be deemed to have
joined the New York state and local employees' retirement system on June
22, 1968 and shall be retroactively  granted  the  benefits  of  Tier  I
status  in  such retirement system, if, within one year of the effective
date of this act, he shall file a written request to  that  effect  with
the state comptroller.
  S 2. All past service costs of implementing the provisions of this act
shall be borne by the state of New York.
  S  3. Notwithstanding any other provision of law, no employee contrib-
utions shall be returned to George W. Hemstead.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--This bill will retroactively grant Tier 1 status in  the
New  York State and Local Employees' Retirement System to retired member
George W. Hemstead, a former employee of the New York State, by changing
his date of membership to June 22, 1968, the first date he was  employed
by  the New York State Department of Parks and Recreation. There will be
no refund of member contributions.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05281-02-3

S. 3108                             2

  If this bill is enacted, there will be an immediate past service  cost
of  approximately  $91,800 which would be borne by the State of New York
as a one time payment. This estimate is based  on  the  assumption  that
payment will be made on March 1, 2014.
  Summary of relevant resources;
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 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 25, 2013 and intended for use only during
the  2013  Legislative  Session, is Fiscal Note No. 2013-67, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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