NY State Senate Bill 2015-S4692A

Senate Bill S4692A

2015-2016 Legislative Session

Authorizes Brian Mulqueen to file a request for change of benefit coverage with the New York state and local police and fire retirement system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2016	print number 4692a
Feb 11, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Jun 25, 2015	recommitted to rules
Jun 08, 2015	ordered to third reading cal.1368 committee discharged and committed to rules
Apr 07, 2015	referred to civil service and pensions

Votes

- Jun 8, 2015 - Rules Committee Vote
  S4692A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Perkins

Bill Amendments

Original

A (Active)

2015-S4692 - Details

See Assembly Version of this Bill:: A7116
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2015-S4692 - Summary

Authorizes Brian Mulqueen to file a request for change of benefit coverage with the New York state and local police and fire retirement system to grant him coverage under article 22 of the retirement and social security law.

2015-S4692 - Sponsor Memo

                                BILL NUMBER:S4692           REVISED MEMO 04/29/2015

TITLE OF BILL:  An act in relation to authorizing Brian Mulqueen to
file a request for change of benefit coverage with the New York state
and local police and fire retirement system

PURPOSE:

This bill will authorize the city of Yonkers, in the county of
Westchester, to offer a retirement option to firefighter Brian
Mulqueen.

SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law, Brian Mulqueen,
who is currently a member of the New York state and local police and
fire retirement system, and who was first employed as a firefighter by
the City of Yonkers on October 1, 2009, and by virtue of his date of
employment became a member of the New York state and local police and
fire retirement system who elected to participate in the optional
twenty year retirement plan contained in section 384-d of the
retirement and social security law, and who subsequently, for reasons
not ascribable to his own negligence, failed to file a timely election
to be covered by the benefits of article 22 of such law, shall be
deemed to be covered by the benefits of such article 22 if, within one
year of the effective date of this act, he shall file a written

request to that effect with the state comptroller.

§ 2. All past service costs associated with the implementation of this
act shall be borne by the city of Yonkers.

§ 3. This act shall take effect immediately.

JUSTIFICATION:

Mr. Mulqueen began working at a time where local police and fire
employees were being enrolled in Tier V. Due to no fault of his own,
Mr. Chapeton was not enrolled in Tier V and instead was enrolled in
the Tier 3 plan under Article 14 of the Retirement and Social Security
Law, a special default plan that does not provide a 20 year retirement
option for firefighters such as Mr. Mulqueen. This legislation will
allow Mr. Mulqueen to opt-in to the 20 year retirement plan.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

While the Tier V plan that Mr. Mulqueen plans to opt-in to is more
generous for retirees who retire with 20 years of service than his
current Article 14 Tier 3 plan, his current plan would be more
generous than the Tier V plan if he worked for several more years
after that. For these reasons, the actuary estimates no fiscal cost to
the City of Yonkers if this bill were enacted.

LOCAL FISCAL IMPLICATIONS:


If such legislation is enacted during the 2015 legislative session, we
anticipate that there will not be an increase in the annual
contribution of the City of Yonkers for the fiscal year ending March
31, 2016.

There also will be no past service cost.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4692 - Bill Text download pdf

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

                                  4692

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

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

AN ACT in relation to authorizing Brian Mulqueen to file a  request  for
  change  of  benefit  coverage with the New York state and local police
  and fire 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, Brian Mulqueen,
who  is  currently  a  member of the New York state and local police and
fire retirement system, and who was first employed as a  firefighter  by
the  city  of  Yonkers  on October 1, 2009, and by virtue of his date of
employment became a member of the New York state and  local  police  and
fire retirement system who elected to participate in the optional twenty
year  retirement  plan  contained in section 384-d of the retirement and
social security law, and who subsequently, for reasons not ascribable to
his own negligence, failed to file a timely election to  be  covered  by
the benefits of article 22 of such law, shall be deemed to be covered by
the  benefits  of  such  article 22 if, within one year of the effective
date of this act, 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 Yonkers.
  S 3. This act shall take effect immediately.
  FISCAL NOTE--Pursuant to Legislative Law, Section 50:
  This  bill  would  allow Brian Mulqueen, a firefighter employed by the
City of Yonkers, to elect to become  covered  under  the  provisions  of
Section  384-e  of  the  Retirement  and Social Security Law as a Tier 5
member. He is currently covered under the  provisions  of  the  20  year
retirement plan in Article 14.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09976-02-5

S. 4692                             2

  If such legislation is enacted during the 2015 legislative session, we
anticipate  that  there  will  not be an increase in the annual contrib-
utions of the City of Yonkers for the fiscal year ending March 31, 2016.
  There also will be no past service cost.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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 March 23, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-89,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.

2015-S4692A (ACTIVE) - Details

See Assembly Version of this Bill:: A7116
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2015-S4692A (ACTIVE) - Summary

2015-S4692A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4692A

 TITLE OF BILL :

An act in relation to authorizing Brian Mulqueen to file a request for
change of benefit coverage with the New York state and local police
and fire retirement system

 PURPOSE :

This bill will authorize the city of Yonkers, in the county of
Westchester, to offer a retirement option to firefighter Brian
Mulqueen.

 SUMMARY OF PROVISIONS :

Section 1. Notwithstanding any other provision of law, Brian Mulqueen,
who is currently a member of the New York state and local police and
fire retirement system, and who was first employed as a firefighter by
the City of Yonkers on October 1, 2009, and by virtue of his date of
employment became a member of the New York state and local police and
fire retirement system who elected to participate in the optional
twenty year retirement plan contained in section 384-d of the
retirement and social security law, and who subsequently, for reasons
not ascribable to his own negligence, failed to file a timely election
to be covered by the benefits of article 22 of such law, shall be

deemed to be covered by the benefits of such article 22 if, within one
year of the effective date of this act, he shall file a written
request to that effect with the state comptroller.

§ 2. All past service costs associated with the implementation of this
act shall be borne by the city of Yonkers.

§ 3. This act shall take effect immediately.

 JUSTIFICATION :

Mr. Mulqueen began working at a time where local police and fire
employees were being enrolled in Tier V. Due to no fault of his own,
Mr. Mulqueen was not enrolled in Tier V and instead was enrolled in
the Tier 3 plan under Article 14 of the Retirement and Social Security
Law, a special default plan that does not provide a 20 year retirement
option for firefighters such as Mr. Mulqueen. This legislation will
allow Mr. Mulqueen to opt-in to the 20 year retirement plan.

 LEGISLATIVE HISTORY :

Latimer; 2015-2016 REFERRED TO CIVIL SERVICE AND PENSIONS, Mayer;
2015-2016 referred to governmental employees

 FISCAL IMPLICATIONS :

While the Tier V plan that Mr.  Mulqueen plans to opt-in to is more
generous for retirees who retire with 20 years of service than his
current Article 14 Tier 3 plan, his current plan would be more
generous than the Tier V plan if he worked for several more years
after that. For these reasons, the actuary estimates no fiscal cost to
the City of Yonkers if this bill were enacted.

 LOCAL FISCAL IMPLICATIONS :

If such legislation is enacted during the 2016 legislative session, we
anticipate that there will not be an increase in the annual
contribution of the City of Yonkers for the fiscal year ending March
31, 2017.

There also will be no past service cost.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4692A (ACTIVE) - Bill Text download pdf

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

                                 4692--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

Introduced  by  Sen. LATIMER -- 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  in relation to authorizing Brian Mulqueen to file a request for
  change of benefit coverage with the New York state  and  local  police
  and fire 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, Brian Mulqueen,
who is currently a member of the New York state  and  local  police  and
fire  retirement  system, and who was first employed as a firefighter by
the city of Yonkers on October 1, 2009, and by virtue  of  his  date  of
employment  became  a  member of the New York state and local police and
fire retirement system who elected to participate in the optional twenty
year retirement plan contained in section 384-d of  the  retirement  and
social security law, and who subsequently, for reasons not ascribable to
his  own  negligence,  failed to file a timely election to be covered by
the benefits of article 22 of such law, shall be deemed to be covered by
the benefits of such article 22 if, within one  year  of  the  effective
date  of  this  act, 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 Yonkers.
  S 3. This act shall take effect immediately.
  FISCAL NOTE--Pursuant to Legislative Law, Section 50:
  This bill would allow Brian Mulqueen, a firefighter  employed  by  the
City  of  Yonkers,  to  elect  to become covered under the provisions of
Section 384-e of the Retirement and Social Security  Law  as  a  Tier  5

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09976-05-6

S. 4692--A                          2

member.  He  is  currently  covered  under the provisions of the 20 year
retirement plan in Article 14.
  If such legislation is enacted during the 2016 legislative session, we
anticipate  that  there  will  not be an increase in the annual contrib-
utions of the City of Yonkers for the fiscal year ending March 31, 2017.
  There also will be no past service cost.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 January 26, 2016 and intended for use only during
the 2016 Legislative Session, is Fiscal Note No.  2016-41,  prepared  by
the Actuary for the New York State and Local Retirement System.

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