senate Bill S5351A

2013-2014 Legislative Session

Authorizes Chester S. Kasprzyk to apply for retroactive membership and service credit 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 5351a
amend and recommit to civil service and pensions
Jan 08, 2014 referred to civil service and pensions
May 16, 2013 referred to civil service and pensions

Bill Amendments

Original
A (Active)
Original
A (Active)

S5351 - Bill Details

Current Committee:
Law Section:
Retirement

S5351 - Bill Texts

view summary

Authorizes Chester S. Kasprzyk to apply for retroactive membership and service credit in the New York state and local employees' retirement system.

view sponsor memo
BILL NUMBER:S5351

TITLE OF BILL: An act to authorize Chester S. Kasprzyk to apply for
retroactive membership and service credit in the New York state and
local employees' retirement system

PURPOSE: To authorize Chester S. Kasprzyk to apply for retroactive
membership and service credit in the New York State and Local
Employees' Retirement System.

SUMMARY OF PROVISIONS:

Section 1 states that, notwithstanding any other provision of law,
Chester S. Kasprzyk, a member of the New York state and local
employees' retirement system employed by the county of Erie, was
employed by the sewer department of the town of Cheektowaga from July
1, 1975 to 1978, and who, for reasons not ascribable to his own
negligence, failed to become a member of the town of Cheektowaga
employees' retirement system while so employed by the town of
Cheektowaga. This bill affords Mr. Kasprzyk to be deemed to have
joined the New York State and Local Employees Retirement System on
July 1, 1975 (Tier II) and receive service credit for employment
service for the town of Cheektowaga if he files an application with
the state Comptroller on or before December 31, 2013.

Section 2 states that no contributions to the New York state and local
employees' retirement system by Chester S. Kasprzyk shall be returned
to him.

Section 3 states that all past service costs of implementing the
provisions of this act shall be borne by the town of Cheektowaga.

Section 4 contains the effective date.

Fiscal Note - There is an anticipated increase of $5,200 in the annual
contributions of Erie County for the fiscal year ending March 31,
2014. In addition, there will be an immediate past service cost of
approximately $62,600, which would be borne by the town of Cheektowaga
as a one-time payment.

JUSTIFICATION: Through no fault of his own, Chester S. Kasprzyk,
presently employed by Erie County, and who, for reasons not ascribable
to his own negligence, failed to become a member of the town of
Cheektowagas employees' retirement system. This bill affords Mr.
Kasprzyk to be deemed to have joined the New York State and Local
Employees Retirement System on July 1, 1975 (Tier I) and receive
service credit for employment service for the town of Cheektowaga if
he files an application with the State Comptroller on or before
December 31, 2013.

LEGISLATIVE HISTORY: 2010 - S8240 Stachowski

FISCAL IMPLICATIONS: To be determined,

EFFECTIVE DATE: Immediately.


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

                                  5351

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to authorize Chester S. Kasprzyk to apply for retroactive member-
  ship and service credit 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 other  provision  of  law,  Chester  S.
Kasprzyk, a member of the New York state and local employees' retirement
system  employed  by  the  county of Erie, who was employed by the sewer
department of the town of Cheektowaga from July 1,  1975  to  1978,  and
who,  for reasons not ascribable to his own negligence, failed to become
a member of the New York state and local  employees'  retirement  system
while  so  employed  by the town of Cheektowaga, shall be deemed to have
joined the New York state and local employees' retirement system on July
1, 1975 and receive service credit in such retirement  system  for  such
employment by the town of Cheektowaga, if on or before December 31, 2013
he  shall  file an application therefor with the state comptroller. Upon
the receipt of such application, Chester S.  Kasprzyk shall  be  granted
Tier  II  status  in  the New York state and local employees' retirement
system and be eligible for all the rights and benefits thereof.
  S 2. No contributions made to the New York state and local  employees'
retirement system by Chester S. Kasprzyk shall be returned to him pursu-
ant to this act.
  S 3. All past service costs of implementing the provisions of this act
shall be borne by the town of Cheektowaga.
  S 4. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  will deem Chester S. Kasprzyk, currently an
employee of Erie County and a Tier 3 member of the New  York  State  and
Local Employees' Retirement System, to have first become a member of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11040-02-3

S. 5351                             2

Retirement  System  on July 1, 1975, thereby making him a Tier 2 member.
There will be no refund of Tier 3 member contributions.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $5,000 in the annual contributions of Erie  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 $58,500 which would be
borne by the town of Cheektowaga 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-
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 8, 2013 and intended for use only  during
the  2013  Legislative  Session, is Fiscal Note No. 2013-42, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

S5351A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Retirement

S5351A (ACTIVE) - Bill Texts

view summary

Authorizes Chester S. Kasprzyk to apply for retroactive membership and service credit in the New York state and local employees' retirement system.

view sponsor memo
BILL NUMBER:S5351A

TITLE OF BILL: An act to authorize Chester S. Kasprzyk to apply for
retroactive membership and service credit in the New York state and
local employees' retirement system

PURPOSE: To authorize Chester S. Kasprzyk to apply for retroactive
membership and service credit in the New York State and Local
Employees' Retirement System.

SUMMARY OF PROVISIONS:

Section 1 states that, notwithstanding any other provision of law,
Chester S. Kasprzyk, a member of the New York state and local
employees' retirement system employed by the county of Erie, was
employed by the sewer department of the town of Cheektowaga from July
1, 1975 to 1978, and who, for reasons not ascribable to his own
negligence, failed to become a member of the town of Cheektowaga
employees' retirement system while so employed by the town of
Cheektowaga. This bill affords Mr. Kasprzyk to be deemed to have
joined the New York State and Local Employees Retirement System on
July 1, 1975 (Tier II) and receive service credit for employment
service for the town of Cheektowaga if he files an application with
the state Comptroller on or before December 31, 2013.

Section 2 states that no contributions to the New York state and local
employees' retirement system by Chester S. Kasprzyk shall be returned
to him.

Section 3 states that all past service costs of implementing the
provisions of this act shall be borne by the town of Cheektowaga.

Section 4 contains the effective date.

JUSTIFICATION: Through no fault of his own, Chester S. Kasprzyk,
presently employed by Erie County, and who, for reasons not ascribable
to his own negligence, failed to become a member of the town of
Cheektowaga employees' retirement system. This bill affords Mr.
Kasprzyk to be deemed to have joined the New York State and Local
Employees Retirement System on July 1, 1975 (Tier I) and receive
service credit for employment service for the town of Cheektowaga if
he files an application with the State Comptroller on or before
December 31, 2013.

LEGISLATIVE HISTORY: 2010 - S8240 Stachowski

FISCAL IMPLICATIONS: Fiscal Note - There is an anticipated increase of
$5,100 in the annual contributions of Erie County for the fiscal year
ending March 31, 2015. In addition, there will be an immediate past
service cost of approximately $67,400, which would be borne by the
town of Cheektowaga as a one-time payment.

EFFECTIVE DATE: Immediately.

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

                                 5351--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. 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 to authorize Chester S. Kasprzyk to apply for retroactive member-
  ship  and  service  credit  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  other  provision of law, Chester S.
Kasprzyk, a member of the New York state and local employees' retirement
system employed by the county of Erie, who was  employed  by  the  sewer
department  of  the  town  of Cheektowaga from July 1, 1975 to 1978, and
who, for reasons not ascribable to his own negligence, failed to  become
a  member  of  the New York state and local employees' retirement system
while so employed by the town of Cheektowaga, shall be  deemed  to  have
joined the New York state and local employees' retirement system on July
1,  1975  and  receive service credit in such retirement system for such
employment by the town of Cheektowaga, if on or before December 31, 2014
he shall file an application therefor with the state  comptroller.  Upon
the  receipt  of such application, Chester S.  Kasprzyk shall be granted
Tier II status in the New York state  and  local  employees'  retirement
system and be eligible for all the rights and benefits thereof.
  S  2. No contributions made to the New York state and local employees'
retirement system by Chester S. Kasprzyk shall be returned to him pursu-
ant to this act.
  S 3. All past service costs of implementing the provisions of this act
shall be borne by the town of Cheektowaga.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11040-04-4

S. 5351--A                          2

  FISCAL NOTE.--This bill will deem Chester S.  Kasprzyk,  currently  an
employee  of  Erie  County and a Tier 3 member of the New York State and
Local Employees' Retirement System, to have first become a member of the
Retirement System on July 1, 1975, thereby making him a Tier  2  member.
There will be no refund of Tier 3 member contributions.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $5,100 in the annual contributions of Erie  County  for
the  fiscal year ending March 31, 2015.  In future years, this cost will
vary as the billing rates and salary of Chester S. Kasprzyk change.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $67,400 which  would  be
borne by the town of Cheektowaga as a one-time payment. This estimate is
based on the assumption that payment will be made on February 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.
  This estimate, dated May 30, 2014 and intended for use only during the
2014  Legislative  Session, is Fiscal Note No. 2014-141, prepared by the
Actuary for the New York State and Local Employees' Retirement System.

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