senate Bill S7365

Signed By Governor
2013-2014 Legislative Session

Authorizes the town of Carmel, in the county of Putnam, to offer police officers Robert Behan and James Evans an optional 20 year retirement plan

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.174
Jul 11, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.505
substituted for a9993
Jun 18, 2014 referred to governmental employees
delivered to assembly
passed senate
home rule request
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.996
May 14, 2014 referred to civil service and pensions

Votes

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May 28, 2014 - Civil Service and Pensions committee Vote

S7365
8
0
committee
8
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Civil Service and Pensions Committee Vote: May 28, 2014

aye wr (3)

S7365 - Bill Details

See Assembly Version of this Bill:
A9993
Law Section:
Retirement

S7365 - Bill Texts

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Authorizes the town of Carmel, in the county of Putnam, to offer police officers Robert Behan and James Evans an optional 20 year retirement plan.

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BILL NUMBER:S7365

TITLE OF BILL: An act to authorize the town of Carmel, in the county
of Putnam, to offer an optional twenty year retirement plan to police
officers Robert Behan and James Evans

PURPOSE:

Authorizes the town of Carmel, in the county of Putnam, to offer
police officers Robert Behan and James Evans an optional 20 year
retirement plan.

SUMMARY OF PROVISIONS:

Section One - Authorizes an offer of an optional twenty year
retirement plan under section 384-d of the retirement and social
security law available to police officers, Robert Behan and James
Evans of the town of Carmel in the county of Putnam. The town of
Carmel may so elect by filing with the state comptroller on or before
December 31, 2014, a resolution of the town board together with
certification that such police officers did not bar themselves from
participation in such retirement plan as a result of their own
negligence. After this is done, the selected officers may elect to be
covered by the provisions of section 384-d of the retirement and
social security law, will be entitled to the full rights and benefits
associated with coverage under the section while employed by filing a
request with the state comptroller on or before June 30, 2015.

Section Two - All past service costs associated with implementing the
provisions of this act will be borne by the town of Carmel.

Section Three - This act shall take effect immediately.

JUSTIFICATION:

Upon hiring Mr. Robert Behan (Reg No. 0A85614-6) and Mr. James Evans
(Reg No. 0A95610-2) of the Town of Carmel Police Department and
members of the NYS PFRS were registered under the wrong retirement
plan. They were incorrectly registered in the 375-i plan. Upon
registration these two members should have been registered in the
20-year Section 384-d plan. The Town of Carmel is requesting that Plan
384-d be re-opened for these two officers. The Town has received a
cost estimate from the New York State and Local Retirement System for
legislation that will allow these two officers to do so. Upon
re-opening Officer Behan and Officer Evans may elected to be covered
under the provisions of such plan.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Please see fiscal note.

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                  7365

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN ACT to authorize the town of Carmel, in  the  county  of  Putnam,  to
  offer  an  optional  twenty  year  retirement  plan to police officers
  Robert Behan and James Evans

  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 town of Carmel, in the county of Putnam, a participating employer in
the  New  York  state and local police and fire retirement system, which
previously elected to offer the optional twenty  year  retirement  plan,
established pursuant to section 384-d of the retirement and social secu-
rity law, to police officers employed by such town, is hereby authorized
to  make  participation in such plan available to Robert Behan, a police
sergeant, and James Evans, a police officer, employed  by  the  town  of
Carmel,  who,  for reasons not ascribable to their own negligence failed
to make a timely application to participate in such optional twenty year
retirement plan. The town of Carmel may so  elect  by  filing  with  the
state  comptroller,  on or before December 31, 2014, a resolution of the
town board together with certification that such police officers did not
bar themselves from participation in such retirement plan as a result of
their own negligence. Thereafter, such police officers may elect  to  be
covered  by the provisions of section 384-d of the retirement and social
security law, and shall be entitled to  the  full  rights  and  benefits
associated with coverage under such section while so employed, by filing
a  request  to  that effect with the state comptroller on or before June
30, 2015.
  S 2.  All  past  service  costs  associated  with   implementing   the
provisions of this act shall be borne by the town of Carmel.
  S 3. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  will  allow the Town of Carmel to reopen the provisions of
Section 384-d of the Retirement and Social Security Law for police offi-
cers Robert Behan and James Evans.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14889-02-4

S. 7365                             2

  If this legislation is enacted during the  2014  legislative  session,
and officers Behan and Evans become covered by the provisions of Section
384-d  of  the  Retirement  and  Social Security Law, we anticipate that
there will be  an  increase  of  approximately  $20,100  in  the  annual
contributions of the Town of Carmel for the fiscal year ending March 31,
2015.  In  future  years,  this  cost will vary as the billing rates and
salary of Robert Behan and James Evans change.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $67,900, which  will  be
borne  by  the  Town of Carmel as a one-time payment, assuming a payment
date of 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  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 12, 2014 and intended for use only during the
2014 Legislative Session, is Fiscal Note No. 2014-129, prepared  by  the
Actuary  for  the  New  York  State and Local Police and Fire Retirement
System.

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