NY State Senate Bill 2017-S6449

Senate Bill S6449

Vetoed By Governor

2017-2018 Legislative Session

Grants retroactive Tier IV membership in the New York state and local employees' retirement system to Brian Stebbins

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 29, 2017	vetoed memo.201
Nov 17, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.514 substituted for a7918
Jun 15, 2017	referred to ways and means delivered to assembly passed senate home rule request ordered to third reading cal.1813 committee discharged and committed to rules
May 22, 2017	referred to civil service and pensions

Votes

- Jun 15, 2017 - Floor Vote
  S6449
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 15, 2017 - Rules Committee Vote
  S6449
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young

2017-S6449 (ACTIVE) - Details

See Assembly Version of this Bill:: A7918
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6936, A9236
2015-2016: S4755, A6939

2017-S6449 (ACTIVE) - Summary

Grants retroactive tier IV membership in the New York state and local employees' retirement system to Brian Stebbins.

2017-S6449 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6449

 TITLE OF BILL :

An act granting retroactive Tier IV membership in the New York state
and local employees' retirement system to Brian Stebbins

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to grant Brain Stebbins retroactive tier
membership in Tier IV.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill deems Brian Stebbins a member of the
retirement system as of the date of his employment, on August 1, 2003,
by the village of Green Island, if on or before December 31, 2017 he
shall file an application therefore with the state comptroller. Upon
the receipt of such an application, Brian Stebbins shall be granted
Tier IV status in the New York state local employees' retirement
system and be made eligible for all the rights and benefits thereof.

Section two provides that all past service costs will be borne by the
village of Green Island.

Section three provides for an immediate effective date.

 JUSTIFICATION :

Brian Stebbins should be reinstated into Tier IV based upon his
membership application in the New York state and local employees'
retirement system, which was filed on August 1, 2003. This bill
addresses concerns raised in the veto message, and reinforces evidence
provided by the village of Green Island, that due to an administrative
error and for reasons not ascribable to his own negligence, the
application was not processed until March 15, 2012, therefore
incorrectly placing him in Tier V.

 PRIOR LEGISLATIVE HISTORY :

A.6939/S.4755 of 2015; VETOED MEMO .216
A.9236/S6936 of 2014; VETOED MEMO .549
A.7458-A /S.5564-A of 2013; VETOED MEMO .230
A.10728-A/S.7799 of 2012; Passed Assembly, Referred to Senate Rules

 FISCAL IMPLICATIONS :

There is an immediate past service cost of approximately $11,000 which
will be borne by the village of Green Island.

 EFFECTIVE DATE :
Effective immediately.

2017-S6449 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6449
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2017
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive Tier IV membership in the New York state and
   local employees' retirement system to Brian Stebbins
 
   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 Stebbins,
 a  member  of the New York state and local employees' retirement system,
 who was employed on August 1, 2003, by the village of Green Island,  and
 who  filed  a  membership  application in such system on August 1, 2003,
 which should have given him Tier IV status but for reasons not  ascriba-
 ble to his own negligence and due to an administrative error, the appli-
 cation was not processed in the usual manner and therefore not processed
 until  March  15, 2012, may be deemed to have become a member of the New
 York state and local employees' retirement system on August 1, 2003,  if
 on  or  before  December  31, 2017 he shall file an application therefor
 with the state comptroller. Upon the receipt of such application,  Brian
 Stebbins shall be granted Tier IV status in the New York state and local
 employees'  retirement  system  and  be  eligible for all the rights and
 benefits thereof. No contributions made to the New York state and  local
 employees'  retirement system by Brian Stebbins shall be returned to him
 pursuant to this act.
   § 2. Any past service costs incurred in implementing the provisions of
 this act shall be borne by the village of Green Island.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--This bill will grant Tier 4 status in the New York State
 and Local Employees' Retirement System to Brian M. Stebbins,  a  current
 Tier 5 member employed by the State of New York, by changing his date of
 membership  to  August  1,  2003,  the first date he was employed by the
 Village of Green Island.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11757-02-7

 S. 6449                             2
 
   If this legislation is enacted during the 2017 legislative session, we
 anticipate that there will be an increase of approximately $2,000 in the
 annual contributions of the State of New York for the fiscal year ending
 March 31, 2018. In future years, this cost  will  vary  as  the  billing
 rates and salary of Brian M. Stebbins change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $11,000 which will be
 borne by the Village of Green Island as a one-time payment.  This  esti-
 mate is based on the assumption that payment will be made on February 1,
 2018.
   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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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 16, 2017, and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No. 2017-100,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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