senate Bill S4389

Signed By Governor
2013-2014 Legislative Session

Allows John R. Panichi to join the special retirement plan for sheriffs, undersheriffs and deputy sheriffs

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Archive: Last Bill Status - Signed by Governor

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.262
Jul 19, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.330
substituted for a6504
Jun 13, 2013 referred to ways and means
delivered to assembly
passed senate
home rule request
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.938
Mar 26, 2013 referred to civil service and pensions


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Jun 3, 2013 - Civil Service and Pensions committee Vote

Aye with Reservations
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Civil Service and Pensions Committee Vote: Jun 3, 2013

S4389 - Bill Details

See Assembly Version of this Bill:
Law Section:
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3411A, A5645
2009-2010: S7796A, A11332A

S4389 - Bill Texts

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Allows John R. Panichi to join the special retirement plan for sheriffs, undersheriffs and deputy sheriffs.

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TITLE OF BILL: An act in relation to allowing John R. Panichi to join
the special retirement plan for sheriffs, undersheriffs and deputy

PURPOSE: To allow John R. Panichi, a deputy sheriff in Rensselaer
County, the option to join the special retirement plan for sheriffs,
undersheriffs and deputy sheriffs.


Section 1 provides John R. Panichi the ability to join the special
retirement plan on or before December 31, 2013.

Section 2 provides that all costs incurred as a result shall be borne
by Rensselaer County.

Section 3 is the effective date.

JUSTIFICATION: Pursuant to Retirement and Social Security Law Section
553, which is an additional pension benefit for members of the
optional twenty year retirement plan, sheriff's deputies may elect
such coverage within one year of either joining the retirement system
or being appointed to the position. John R. Panichi, due to no
negligence of his own, was unable to join within this time period.
Rensselaer County would like to extend this option for Mr. Panichi and
the county legislature has passed a resolution to this effect. In the
resolution, the county has agreed to bear all costs. A fiscal impact
note from the State Comptroller's Office estimates that Rensselaer
County will be required to fund an increase of $8,100 in annual
contributions and immediate past service cost of approximately

LEGISLATIVE HISTORY: S3411 (2012) Referred to Civil Service and

FISCAL IMPACT: None to the State.

EFFECTIVE DATE: Immediately.

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013

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

AN  ACT  in  relation  to  allowing  John R. Panichi to join the special
  retirement plan for sheriffs, undersheriffs and deputy sheriffs


  Section  1.  Notwithstanding any other provision of law, John R. Pani-
chi, who is employed as a deputy sheriff in the  county  of  Rensselaer,
and  who  is a member of the New York state and local employees' retire-
ment system, and who was eligible  to  make  the  election  pursuant  to
section  553  of  the  retirement  and  social  security law to join the
special retirement plan for sheriffs, undersheriffs and deputy  sheriffs
engaged in law enforcement activities, shall be eligible to individually
join  such special retirement plan if the county of Rensselaer so elects
by filing with the state comptroller, on or before December 31, 2013,  a
resolution  of  its governing body together with certification that such
deputy sheriff did not bar himself from participation in such retirement
plan as a result of his own negligence. Thereafter such  deputy  sheriff
may  elect to be covered by the provisions of section 553 of the retire-
ment and social security law, and shall be entitled to the  full  rights
and benefits associated with coverage under such section for the service
rendered with the county of Rensselaer only, by filing a request to that
effect with the state comptroller on or before June 30, 2014.
  S  2.  All  costs  incurred by the implementation of this act shall be
borne by the county of Rensselaer.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow Rensselaer County to reopen section  553  of  the
Retirement and Social Security Law for deputy sheriff John R. Panichi.
  If this bill is enacted during the 2013 legislative session and deputy
sheriff  John R. Panichi becomes covered under the provisions of section

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

S. 4389                             2

553, we anticipate that there  will  be  an  increase  of  approximately
$8,100  in  the annual contributions of Rensselaer County for the fiscal
year ending March 31, 2014.
  In addition to the annual contributions discussed above, there will be
an  immediate  past service cost of approximately $51,600 which would be
borne by Rensselaer County as a one-time payment. This estimate is based
on the assumption that payment will be made on February 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-
  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 March 20, 2013 and intended for used only  during
the  2013  Legislative Session, is Fiscal Note No. 2013-102, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement


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