senate Bill S3760A

Signed By Governor
2013-2014 Legislative Session

Allows the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach

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Archive: Last Bill Status Via A4986 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 29, 2014 signed chap.535
Dec 17, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1531
substituted for s3760a
Jun 18, 2014 substituted by a4986a
ordered to third reading cal.1531
committee discharged and committed to rules
Feb 25, 2014 print number 3760a
amend and recommit to civil service and pensions
Jan 08, 2014 referred to civil service and pensions
Feb 14, 2013 referred to civil service and pensions

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S3760 - Bill Details

See Assembly Version of this Bill:
A4986A
Law Section:
Retirement
Laws Affected:
Amd §1, Chap 43 of 2012

S3760 - Bill Texts

view summary

Allows the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach and extends the time in which the administrator of his estate may apply to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo.

view sponsor memo
BILL NUMBER:S3760

TITLE OF BILL: An act to allow the New York state and local
employees' retirement system to posthumously establish a service
retirement for Gustin L. Reichbach; and to amend chapter 43 of the
laws of 2012, relating to allowing Gustin L. Reichbach to obtain
service credit for his service as a judge with the United Nations
administration mission in Kosovo, in relation to the filing
requirements for such service credit

PURPOSE OR GENERAL IDEA OF BILL: This bill would deem the service
retirement application filed by Gustin L. Reichbach to have taken
effect on day before the date of his death. In addition, this bill
would allow the administrator of Gustin's L. Reichbach's estate to
file for additional service credit for service rendered as a judge
with the United Nations War Crimes Tribunal in Kosovo from September
1, 2003 through February 27, 2004.

JUSTIFICATION: Justice Reichbach was asked to serve on the Kosovo
Supreme Court to preside over war crime trials and appeals in the
after-math of the ethnic conflict in Kosovo by members of a United
Nations Mission to Kosovo. Prior to his decision, he contacted the NYS
Comptroller's Office and received approval of his retirement service
credit for the time he was to serve in Kosovo. Based on this
authorization, he agreed to participate on the international court.
After making this commitment and following his departure, the
Comptroller's office notified Justice Reichbach that his approval was
made in error thus disallowing the service credit.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS: In text of legislation.

EFFECTIVE DATE: immediately.

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

    S. 3760                                                  A. 4986

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 14, 2013
                               ___________

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

IN  ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and referred
  to the Committee on Governmental Employees

AN ACT to allow the New  York  state  and  local  employees'  retirement
  system  to  posthumously  establish a service retirement for Gustin L.
  Reichbach; and to amend chapter 43 of the laws of  2012,  relating  to
  allowing Gustin L.  Reichbach to obtain service credit for his service
  as  a  judge with the United Nations administration mission in Kosovo,
  in relation to the filing requirements for such service credit

  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  service  retirement  application  filed with the New York state and
local employees' retirement system  by  Gustin  L.  Reichbach,  who  was
employed  as  a  justice of the supreme court, second judicial district,
was a member of such retirement system and who died  on  July  14,  2012
prior  to  the effective date of his retirement, shall be deemed to have
taken effect one day before the date of his death.
  S 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing
Gustin L. Reichbach to obtain service credit for his service as a  judge
with  the United Nations administration mission in Kosovo, is amended to
read as follows:
  Section 1. Notwithstanding any other provision of law to the contrary,
Gustin L. Reichbach, currently serving  as  a  justice  of  the  supreme
court,  second judicial district, and an active tier 4 member of the New
York state and local employees' retirement system, shall be eligible  to
receive  additional  service credit for any time not already credited in
such system for the period from September 1, 2003 through  February  27,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06481-01-3

S. 3760                             2                            A. 4986

2004, during which period he rendered service as a judge with the United
Nations  administration mission in Kosovo. The additional service credit
granted, when added to the service already credited, shall not exceed  a
total  of one year of credit for all service rendered in the fiscal year
ending March 31, 2004. Such additional credit shall be obtained only  if
on  or  before December 31, [2012] 2013, THE ADMINISTRATOR OF THE ESTATE
OF Gustin L. Reichbach files a written request for such  service  credit
with  the  administrative  head of the said retirement system. All costs
necessary to finance the granting of this service credit shall be  borne
by the state of New York.
  S 3. All costs associated with the implementation of this act shall be
borne by the state of New York.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  deem  the  service  retirement application filed by
Gustin L. Reichbach to have taken effect one day before the date of  his
death.    In  addition,  this bill allows the administrator of Gustin L.
Reichbach's estate to file for additional  service  credit  for  service
rendered as a judge with the United Nations War Crimes Tribunal in Koso-
vo from September 1, 2003 through February 27, 2004.
  If  this bill is enacted, there will be an immediate past service cost
of approximately $107,000, 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  December  21,  2012, and intended for use only
during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-36,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

S3760A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4986A
Law Section:
Retirement
Laws Affected:
Amd §1, Chap 43 of 2012

S3760A (ACTIVE) - Bill Texts

view summary

Allows the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach and extends the time in which the administrator of his estate may apply to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo.

view sponsor memo
BILL NUMBER:S3760A

TITLE OF BILL: An act to allow the New York state and local
employees' retirement system to posthumously establish a service
retirement for Gustin L. Reichbach; and to amend chapter 43 of the
laws of 2012, relating to allowing Gustin L. Reichbach to obtain
service credit for his service as a judge with the United Nations
administration mission in Kosovo, in relation to the filing
requirements for such service credit

PURPOSE OR GENERAL IDEA OF BILL:

This bill would deem the service retirement application filed by
Gustin L. Reichbach to have taken effect one day before the date of
his death. In addition, this bill would allow the administrator of
Gustin's L. Reichbach's estate to file for additional service credit
for service rendered as a judge with the United Nations War Crimes
Tribunal in Kosovo from September 1, 2003 through February 27, 2004.

JUSTIFICATION:

Justice Reichbach was asked to serve on the Kosovo Supreme Court to
preside over war crime trials and appeals in the after-math of the
ethnic conflict in Kosovo by members of a United Nations Mission to
Kosovo. Prior to his decision, he contacted the NYS Comptroller's
Office and received approval of his retirement service credit for the
time he was to serve in Kosovo. Based on this authorization, he agreed
to participate on the international court. After making this
commitment and following his departure, the Comptroller's office
notified Justice Reichbach that his approval was made in error thus
disallowing the service credit.

PRIOR LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

In text of legislation.

EFFECTIVE DATE:

Immediately.

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

    S. 3760--A                                            A. 4986--A
                                                        Cal. No. 223

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 14, 2013
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- 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 committee

IN  ASSEMBLY  --  Introduced by M. of A. MILLMAN, AUBRY -- read once and
  referred to the Committee on Governmental Employees -- advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to allow the New  York  state  and  local  employees'  retirement
  system  to  posthumously  establish a service retirement for Gustin L.
  Reichbach; and to amend chapter 43 of the laws of  2012,  relating  to
  allowing Gustin L.  Reichbach to obtain service credit for his service
  as  a  judge with the United Nations administration mission in Kosovo,
  in relation to the filing requirements for such service credit

  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  service  retirement  application  filed with the New York state and
local employees' retirement system  by  Gustin  L.  Reichbach,  who  was
employed  as  a  justice of the supreme court, second judicial district,
was a member of such retirement system and who died  on  July  14,  2012
prior  to  the effective date of his retirement, shall be deemed to have
taken effect one day before the date of his death. If, within  one  year
from  the effective date of this act, the administrator of the estate of
Gustin L. Reichbach files a written request for such service  retirement
with  the  administrative  head of said retirement system. The filing of
such a request will constitute a waiver of any  rights  or  benefits  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06481-04-4

S. 3760--A                          2                         A. 4986--A

Article 15 disability retirement awarded to Gustin L. Reichbach pursuant
to section 605 of the retirement and social security law.
  S 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing
Gustin  L. Reichbach to obtain service credit for his service as a judge
with the United Nations administration mission in Kosovo, is amended  to
read as follows:
  Section 1. Notwithstanding any other provision of law to the contrary,
Gustin  L. Reichbach, [currently serving] WHO DIED ON JULY 14, 2012, AND
WHO SERVED as a justice of the supreme court, second judicial  district,
and  [an  active]  WAS  A  tier 4 member of the New York state and local
employees' retirement system, shall be eligible  to  receive  additional
service  credit for any time not already credited in such system for the
period from September 1, 2003 through February 27,  2004,  during  which
period  he  rendered service as a judge with the United Nations adminis-
tration mission in Kosovo. The additional service credit  granted,  when
added  to  the service already credited, shall not exceed a total of one
year of credit for all service rendered in the fiscal year ending  March
31, 2004. ANY INCREASE IN BENEFITS RESULTING FROM THE ADDITIONAL SERVICE
CREDIT  PROVIDED BY THIS ACT SHALL BE RETROACTIVE TO THE DATE OF RETIRE-
MENT. Such additional credit shall be obtained  only  if  on  or  before
December  31,  [2012] 2014, THE ADMINISTRATOR OF THE ESTATE OF Gustin L.
Reichbach files a written request  for  such  service  credit  with  the
administrative  head  of the said retirement system. All costs necessary
to finance the granting of this service credit shall  be  borne  by  the
state of New York.
  S 3. All costs associated with the implementation of this act shall be
borne by the state of New York.
  S 4. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  would  deem  the  service  retirement application filed by
Gustin L. Reichbach, a justice of  the  Supreme  Court,  to  have  taken
affect  one  day  before  his date of death. In addition, this bill will
allow the administrator of his estate to file a written request with the
New York State and Local Employees'  Retirement  System  for  additional
service  credit  for service rendered as a judge with the United Nations
War Crimes Tribunal in Kosovo from September 1,  2003  through  February
27, 2004.
  If  this bill is enacted, there will be an immediate past service cost
of approximately $115,000, 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, 2015.
  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.

S. 3760--A                          3                         A. 4986--A

  This  estimate,  dated  February  13,  2014, and intended for use only
during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-75,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

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