senate Bill S7465A

2013-2014 Legislative Session

Grants Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2014 print number 7465a
amend and recommit to civil service and pensions
May 15, 2014 referred to civil service and pensions

Bill Amendments

Original
A (Active)
Original
A (Active)

S7465 - Bill Details

See Assembly Version of this Bill:
A9947
Current Committee:
Law Section:
Retirement

S7465 - Bill Texts

view summary

Grants Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie.

view sponsor memo
BILL NUMBER:S7465

TITLE OF BILL: An act in relation to granting Andrew M. Eszak full time
service credit in the New York state and local employees' retirement
system for his employment with the city of Lackawanna, county of Erie

PURPOSE: This bill will increase the amount of time that Andrew Eszak
was in the pension system by approximately 3.5 years.

SUMMARY OF PROVISIONS:

Section 1 states that Andrew Eszak will be granted full time service
credit for his employment with the city of Lackawanna for the period
from August 23, 1994 to December 31, 1999 if he files a written request
for that purpose to the state comptroller by December 31 of this year.

Section 2 states that all past service costs associated with the imple-
mentation of this act will be borne by the city of Lackawanna.

Section 3 states that this act will take effect immediately

JUSTIFICATION: Andrew Eszak worked for the City of Lackawanna for many
years. Due to a worker's compensation dispute he ended up in litigation
with the city. The city lost and agreed to provide him back pay and
credit the time towards his pension.

While he was in litigation he worked a minimum wage job for the city to
keep health insurance, etc. In 2008, after his retirement, the comp-
troller deemed the time he worked as a minimum wage employee not appli-
cable to the pension. The comptroller is not subject to the terms of the
settlement. This bill would add those years during litigation to his
pension. If he did not have to resort to litigation he would have still
been working for the city during that time and adding to his pension

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                  7465

                            I N  S E N A T E

                              May 15, 2014
                               ___________

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

AN ACT in relation to granting Andrew M. Eszak full time service  credit
  in  the  New York state and local employees' retirement system for his
  employment with the city of Lackawanna, county of Erie

  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, Andrew M.
Eszak, who is a member of  the  New  York  state  and  local  employees'
retirement system, and who, for the period beginning August 23, 1994 and
ending  December 31, 1999 was employed by the city of Lackawanna, county
of Erie, and who, for reasons not ascribable to his own negligence,  was
credited  for  1.60  years of service in such retirement system for such
period rather than for full time service, shall  be  granted  full  time
service  credit  in  the  New York state and local employees' retirement
system for his employment with the city of  Lackawanna  for  the  period
beginning  August 23, 1994 and ending December 31, 1999 if, on or before
December 31, 2014, he shall file a written request to that  effect  with
the state comptroller.
  S 2. All past service costs associated with the implementation of this
act shall be borne by the city of Lackawanna.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15212-01-4

S7465A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9947
Current Committee:
Law Section:
Retirement

S7465A (ACTIVE) - Bill Texts

view summary

Grants Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie.

view sponsor memo
BILL NUMBER:S7465A

TITLE OF BILL: An act in relation to granting Andrew M. Eszak full
time service credit in the New York state and local employees'
retirement system for his employment with the city of Lackawanna,
county of Erie

PURPOSE: This bill will increase the amount of time that Andrew Eszak
was in the pension system by approximately 3.5 years.

SUMMARY OF PROVISIONS:

Section 1 states that Andrew Eszak will be granted full time service
credit for his employment with the city of Lackawanna for the period
from August 23, 1994 to December 31, 1999 if he files a written
request for that purpose to the state comptroller by December 31 of
this year.

Section 2 states that all past service costs associated with the
implementation of this act will be borne by the city of Lackawanna.

Section 3 states that this act will take effect immediately

JUSTIFICATION: Andrew Eszak worked for the City of Lackawanna for many
years. Due to a worker's compensation dispute he ended up in
litigation with the city. The city lost and agreed to provide him back
pay and credit the time towards his pension.

While he was in litigation he worked a minimum wage job for the city
to keep health insurance, etc. In 2008, after his retirement, the
comptroller deemed the time he worked as a minimum wage employee not
applicable to the pension. The comptroller is not subject to the terms
of the settlement. This bill would add those years during litigation
to his pension. If he did not have to resort to litigation he would
have still been working for the city during that time and adding to
his pension.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                 7465--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT in relation to granting Andrew M. Eszak full time service credit
  in the New York state and local employees' retirement system  for  his
  employment with the city of Lackawanna, county of Erie

  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,  Andrew  M.
Eszak,  who  is  a  member  of  the  New York state and local employees'
retirement system, and who, for the period beginning August 23, 1994 and
ending December 31, 1999 was employed by the city of Lackawanna,  county
of  Erie, and who, for reasons not ascribable to his own negligence, was
credited with part-time service in such retirement system for such peri-
od rather than for full time service, shall be granted full time service
credit in the New York state and local employees' retirement system  for
his  employment  with  the  city  of Lackawanna for the period beginning
August 23, 1994 and ending December 31, 1999 if, on or  before  December
31,  2014, he shall file a written request to that effect with the state
comptroller.
  S 2. All past service costs associated with the implementation of this
act shall be borne by the city of Lackawanna.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will grant retiree Andrew M. Eszak full time service in  the
New  York State and Local Employees' Retirement System for employment by
the City of Lackawanna for the period August 23, 1994  through  December
31, 1999.
  If  this  bill  is  enacted,  we  anticipate that there will be a past
service cost of approximately $92,100 which will be borne by the City of
Lackawanna as a one time payment. This estimate assumes a  payment  date
of February 1, 2015.
  Summary of relevant resources:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15212-02-4

S. 7465--A                          2

  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 28, 2014, and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-140,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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