senate Bill S3721A

Signed By Governor
2013-2014 Legislative Session

Relates to service credit of certain members of the New York state and local employees' retirement system who obtained credit for service with the Niagara Frontier Transit Metro System, Inc.

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Sponsored By

Archive: Last Bill Status Via A8486 - Signed by Governor


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

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Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 signed chap.442
Nov 10, 2014 delivered to governor
Jun 11, 2014 returned to assembly
passed senate
3rd reading cal.66
substituted for s3721a
Jun 11, 2014 substituted by a8486
Feb 03, 2014 advanced to third reading
Jan 28, 2014 2nd report cal.
Jan 27, 2014 1st report cal.66
Jan 17, 2014 print number 3721a
amend and recommit to civil service and pensions
Jan 08, 2014 referred to civil service and pensions
returned to senate
died in assembly
Jun 17, 2013 referred to governmental employees
delivered to assembly
passed senate
Mar 20, 2013 advanced to third reading
Mar 19, 2013 2nd report cal.
Mar 18, 2013 1st report cal.220
Feb 12, 2013 referred to civil service and pensions

Votes

view votes

Jan 27, 2014 - Civil Service and Pensions committee Vote

S3721A
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: Jan 27, 2014

Mar 18, 2013 - Civil Service and Pensions committee Vote

S3721
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 18, 2013

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3721 - Bill Details

See Assembly Version of this Bill:
A8486
Law Section:
Retirement

S3721 - Bill Texts

view summary

Relates to service credit of certain members of the New York state and local employees' retirement system who obtained credit for service with the Niagara Frontier Transit Metro System, Inc.; provides that any retirement or death benefit payable or paid by such retirement system shall be reduced by the amount of the non-forfeitable benefit payable or paid for such service under the Amalgamated Transit Union Local 1342 - Niagara Frontier Transit Metro System Pension Fund.

view sponsor memo
BILL NUMBER:S3721

TITLE OF BILL: An act in relation to service credit of certain members
of the New York state and local employees' retirement system who
obtained credit for service with the Niagara Frontier Transit Metro
System, Inc.

PURPOSE: To ensure that the proper pension amount is paid by the New
York state and local retirement system to certain members and retirees
of the system.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a provision that clarifies the payment of
pension benefits to any member or retiree of the New York state and
local employees' retirement system who obtained credit for certain
service with the Niagara Frontier Metro System and who also has a non-
forfeitable benefit for such service under another pension.

Section 2 of the bill is the effective date.

JUSTIFICATION:

At the present time, the pension benefit amount for some members of the
New York state and local employees' retirement system (the "State
Retirement System") is under review due to a non-forfeitable benefit
that these individuals have under another pension. Specifically, some
members and retirees of the State Retirement System, who obtained credit
for service after March 31, 1974 with the Niagara Frontier Metro System,
also have a non-forfeitable benefit for such service under the Amalga-
mated Transit Union Local 1342 - Niagara Frontier Transit Metro System
Pension Fund (the "Amalgamated Transit Union Pension").

The non-forfeitable nature of the Amalgamated Transit Union Pension
benefit has complicated the potential eligibility and calculation of the
pension benefit that these members and retirees of the State Retirement
System rightly deserve. Although the affected individuals completed and
filed the appropriate paperwork at the required time (in some cases,
many years ago), this complication still persists today. By clarifying
that the service provided by these individuals remains eligible for
service with the State Retirement System, this legislation will provide
the security these individuals need (and deserve) to plan their post-re-
tirement lives. Further, this legislation protects the integrity of the
State Retirement System by ensuring that members and retirees have been
paid, and will continue to be paid, the correct pension benefit amounts.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS:

State revenues will increase to the extent that overpayments made by the
State Retirement System in prior years are recouped.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  3721

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

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

AN ACT in relation to service credit of  certain members of the New York
  state and local employees' retirement system who obtained  credit  for
  service with the Niagara Frontier Transit Metro System, Inc.

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

  Section 1. Notwithstanding the provisions of chapter 670 of  the  laws
of  1996  or  any  other provision of law to the contrary, any member or
retiree of the New York state and local employees' retirement system who
obtained credit for service after March 31, 1974 with the Niagara  Fron-
tier Transit Metro System, Inc., and who retains a non-forfeitable bene-
fit  for  such service under the Amalgamated Transit Union Local 1342 --
Niagara Frontier Transit Metro System Pension Fund shall remain eligible
for such service with the New York state and local employees' retirement
system; provided, however, that any retirement or death benefit  payable
or  paid by such retirement system shall be reduced by the amount of the
non-forfeitable benefit payable or paid for such service under the Amal-
gamated Transit Union Local  1342  --  Niagara  Frontier  Transit  Metro
System  Pension  Fund.  For  any person currently receiving a retirement
allowance, such reduction shall be retroactive to the effective date  of
retirement.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill would reduce the retirement or death benefit
payable or paid by the New York State and  Local  Employees'  Retirement
System  (NYSLERS)  to  any  member  or  retiree  who obtained credit for
service after March 31, 1974 with the  Niagara  Frontier  Transit  Metro
System  who  retains  a  non-forfeitable  benefit with the Niagara Metro
Pension Fund for such service. The reduction in the benefit from NYSLERS
will be based on the amount of the non-forfeitable  benefit  payable  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07702-02-3

S. 3721                             2

paid  for  such service, for which the affected individuals will receive
benefits  from  both  retirement  plans.  For  current  retirees,   such
reduction will be retroactive to the date of retirement.
  If this bill is enacted, there will be no cost to the State or partic-
ipating employers in the NYSLERS.
  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  February  12,  2013  and intended for use only
during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-82,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

Co-Sponsors

S3721A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8486
Law Section:
Retirement

S3721A (ACTIVE) - Bill Texts

view summary

Relates to service credit of certain members of the New York state and local employees' retirement system who obtained credit for service with the Niagara Frontier Transit Metro System, Inc.; provides that any retirement or death benefit payable or paid by such retirement system shall be reduced by the amount of the non-forfeitable benefit payable or paid for such service under the Amalgamated Transit Union Local 1342 - Niagara Frontier Transit Metro System Pension Fund.

view sponsor memo
BILL NUMBER:S3721A

TITLE OF BILL: An act in relation to service credit of certain
members of the New York state and local employees' retirement system
who obtained credit for service with the Niagara Frontier Transit
Metro System, Inc.

PURPOSE: To ensure that the proper pension amount is paid by the New
York state and local retirement system to certain members and retirees
of the system.

SUMMARY OF PROVISIONS: Section 1 of the bill adds a provision that
clarifies the payment of pension benefits to any member or retiree of
the New York state and local employees' retirement system who obtained
credit for certain service with the Niagara Frontier Metro System and
who also has a non-forfeitable benefit for such service under another
pension.

Section 2 of the bill is the effective date.

JUSTIFICATION: At the present time, the pension benefit amount for
some members of the New York state and local employees' retirement
system (the "State Retirement System") is under review due to a
non-forfeitable benefit that these individuals have under another
pension. Specifically, some members and retirees of the State
Retirement System, who obtained credit for service after March 31,
1974 with the Niagara Frontier Metro System, also have a
non-forfeitable benefit for such service under the Amalgamated Transit
Union Local 1342 - Niagara Frontier Transit Metro System Pension Fund
(the "Amalgamated Transit Union Pension").

The non-forfeitable nature of the Amalgamated Transit Union Pension
benefit has complicated the potential eligibility and calculation of
the pension benefit that these members and retirees of the State
Retirement System rightly deserve. Although the affected individuals
completed and filed the appropriate paperwork at the required time (in
some cases, many years ago), this complication still persists today.
By clarifying that the service provided by these individuals remains
eligible for service with the State Retirement System, this
legislation will provide the security these individuals need and
deserve) to plan their post-retirement lives. Further, this
legislation protects the integrity of the State Retirement System by
ensuring that members and retirees have been paid, and will continue
to be paid, the correct pension benefit amounts.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: State revenues will increase to the extent that
overpayments made by the State Retirement System in prior veers are
recouped.

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
________________________________________________________________________

                                 3721--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

Introduced  by Sens. MAZIARZ, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- 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  commit-
  tee

AN ACT in relation to service credit of  certain members of the New York
  state  and  local employees' retirement system who obtained credit for
  service with the Niagara Frontier Transit Metro System, Inc.

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

  Section  1.  Notwithstanding the provisions of chapter 670 of the laws
of 1996 or any other provision of law to the  contrary,  any  member  or
retiree of the New York state and local employees' retirement system who
obtained  credit for service after March 31, 1974 with the Niagara Fron-
tier Transit Metro System, Inc., and who retains a non-forfeitable bene-
fit for such service under the Amalgamated Transit Union Local  1342  --
Niagara Frontier Transit Metro System Pension Fund shall remain eligible
for such service with the New York state and local employees' retirement
system;  provided, however, that any retirement or death benefit payable
or paid by such retirement system shall be reduced by the amount of  the
non-forfeitable benefit payable or paid for such service under the Amal-
gamated  Transit  Union  Local  1342  --  Niagara Frontier Transit Metro
System Pension Fund. For any person  currently  receiving  a  retirement
allowance,  such reduction shall be retroactive to the effective date of
retirement.
  S 2. This act shall take effect immediately and the  addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are hereby authorized.
  FISCAL NOTE.-- Pursuant to Legislate Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07702-05-4

S. 3721--A                          2

  This bill would reduce the retirement or death benefit payable or paid
by  the  New York State and Local Employees' Retirement System (NYSLERS)
to any member or retiree who obtained credit for service after March 31,
1974 with the Niagara Frontier Transit Metro System who retains  a  non-
forfeitable  benefit  with  the  Niagara  Metro  Pension  Fund  for such
service. The reduction in the benefit from NYSLERS will be based on  the
amount  of the non-forfeitable benefit payable or paid for such service,
for which the affected  individuals  will  receive  benefits  from  both
retirement  plans. For current retirees, such reduction will be retroac-
tive to the date of retirement.
  If this bill is enacted, there will be no cost to the State or partic-
ipating employers in the NYSLERS.
  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 Market Assets and GASB Disclosures are found in the March 31, 2013
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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.
  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 14, 2014 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No.  2014-56,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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