NY State Senate Bill 2017-S8765

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	referred to civil service and pensions

2017-S8765 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §41, R & SS L

2017-S8765 (ACTIVE) - Summary

Provides part time town and villages justices shall receive a minimum service credit of one-half year for every year of service.

2017-S8765 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8765

SPONSOR: SEWARD
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to service credit for town and village justices

 
PURPOSE:

This bill would provide part-time justices a minimum service credit of
one-half year for every year of service.

 
SUMMARY OF PROVISIONS:

This bill amends section 41 of the retirement and social security law by
adding a new subdivision m to establish that village and town justices
shall receive no less than one-half year of service credit per fiscal
year that they serve in such title.

 
JUSTIFICATION:

Town and village justices are integral members of their communities,
available twenty-four hours a day, seven days a week. "Off-hour" duties
include review of arrest warrant applications, review of search warrant
applications, review and approval of bail bonds and arraignment of
defendants taken into custody, all of which are performed by these indi-
viduals without additional pay. Currently, the law does not provide
service credit for the time town and village justices are on-call, but
rather only for the time they actually spend working after they are
called to serve. The current system fails to recognize the primary value
these individuals provide to their communities. Additionally, many small
rural communities are unable to afford to adequately compensate justices
for their service.  This bill would recognize the reliability and
service afforded by these individuals by providing a minimum service
credit of one-half a year for each year the justice serves in office.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:

2017-S8765 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8765
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law, in  relation  to
   service credit for town and village justices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 41 of the retirement and  social  security  law  is
 amended by adding a new subdivision m to read as follows:
   M.  SERVICE  CREDIT FOR VILLAGE AND TOWN JUSTICES. NOTWITHSTANDING ANY
 OTHER PROVISIONS OF LAW TO THE CONTRARY, NO  MEMBER  OF  THE  RETIREMENT
 SYSTEM IN THE TITLE OF JUSTICE, BEING REPORTED BY A TOWN OR VILLAGE THAT
 IS  AN EMPLOYER, SHALL RECEIVE LESS THAN ONE-HALF YEAR OF SERVICE CREDIT
 PER FISCAL YEAR THAT THEY SERVE IN SUCH TITLE.
   § 2. In accordance with the provisions of this act, the New York state
 and local employees' retirement system  shall  recalculate  the  service
 credit  for any past or current town or village justice who is an active
 member of such retirement system on or after the effective date of  this
 act.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow town and village justices who are active members
 of  the  New  York State and Local Employees' Retirement System (ERS) to
 receive a minimum of 1/2 year of service credit  per  fiscal  year  that
 they  serve in such title. This additional service credit would increase
 the pensions of justices who become eligible for a vested pension due to
 the additional service credit granted, or attain  20  years  of  service
 credit  and  become eligible for a higher pension for all their years of
 service credit, or combine judicial service credit with other full  time
 service  rendered with the state of New York or a participating employer
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15418-03-8

 S. 8765                             2
 
 in ERS and thus become  eligible  to  use  this  extra  service  towards
 retirement on a higher final average salary.
   If this bill is enacted, there would be a past service cost that would
 be  based  on the age, service, salary and plan of the affected members.
 For an individual who combines this additional service credit with other
 service credit in ERS in a full time position, it is estimated that this
 cost would average approximately 15% of their highest full  time  salary
 per  year  of  additional service credit granted. This cost could exceed
 $300,000 for certain individuals.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   Pursuant  to  Section  25  of  the Retirement and Social Security Law,
 these costs would be borne entirely by the State of New York  and  would
 require  an  itemized  appropriation  sufficient  to pay the cost of the
 provision. A precise cost for future years can't be determined  at  this
 time.  Every  year  a  cost will be determined (and billed to the state)
 based on those benefitting from this provision.
   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, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2017
 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 10, 2018, and intended for  use  only  during
 the  2018  Legislative  Session, is Fiscal Note No. 2018-95, prepared by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S8765

Sponsored By

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

2017-S8765 (ACTIVE) - Details

2017-S8765 (ACTIVE) - Summary

2017-S8765 (ACTIVE) - Sponsor Memo

2017-S8765 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8765

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Sponsored By

James L. Seward

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

2017-S8765 (ACTIVE) - Details

2017-S8765 (ACTIVE) - Summary

2017-S8765 (ACTIVE) - Sponsor Memo

2017-S8765 (ACTIVE) - Bill Text download pdf

Comments