NY State Senate Bill 2017-S6644

Senate Bill S6644

2017-2018 Legislative Session

Authorizes William L. Herman Tier II status in the New York state and local employees' retirement system

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1940 committee discharged and committed to rules
Jan 03, 2018	referred to civil service and pensions
Jun 09, 2017	referred to rules

Votes

- Jun 19, 2018 - Floor Vote
  S6644
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 19, 2018 - Rules Committee Vote
  S6644
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo

2017-S6644 (ACTIVE) - Details

See Assembly Version of this Bill:: A8149
Current Committee:: Assembly Ways And Means
Law Section:: Retirement

2017-S6644 (ACTIVE) - Summary

Authorizes William L. Herman Tier II status in the New York state and local employees' retirement system.

2017-S6644 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6644

 TITLE OF BILL :  An act to authorize William L. Herman Tier II status
in the New York state and local employees' retirement system

 PURPOSE OR GENERAL IDEA OF BILL :

This bill allows William L. Herman to apply for Tier 2 reinstatement
in the New York State and Local Employees' Retirement System.

 SUMMARY OF PROVISIONS :

Section 1. Notwithstanding any other provisions of law, William L.
Herman, a member of the New York state and local employees' retirement
system employed by the Office of the New York State Comptroller, who
was employed by the New York State Office of Parks and Recreation, and
who, for reasons not ascribable to his own negligence, failed to
become a member of the New York state and local employees' retirement
system while so employed by the New York State Office of Parks and
Recreation, shall be deemed to have joined the New York state local
employees' retirement system on July 22, 1976, if on or before
December 31, 2015 he shall file an application therefor with the state
comptroller. Upon the receipt of such application, William L.  Herman
shall be granted Tier II status in the New York state and local
employees' retirement system and be eligible for all the rights and
benefits thereof.

Section 2. No contributions made to the New York state and local
employees' retirement system by William L. Herman shall be returned to
him pursuant to this act.

Section 3. All past costs of implementing the provisions of this act
shall be borne by New York State.

Section 4. This act shall take effect immediately

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

n/a

 JUSTIFICATION :

William L. Herman was employed by the Office of NYS Parks and
Recreation on July 22, 1976. He was classified as a laborer. However,
those classified as laborers were offered optional membership in the
New York State Retirement system up until July 27, 1976. According to
documentation from 1985, he was incorrectly advised by his supervisor
in 1976 that he would have to contribute 3% of his pay at that time,
and advised by his Supervisor not to join. He did join in 1978 when he
was employed by the Town of Colonie.

He was then incorrectly denied Tier 2 membership by the NYS Office of
Parks and Recreation based upon his labor classification on May 16,
1995, which wrote he was ineligible to join based upon his status of a
laborer. The option to join the employee retirement system was
available to Mr. Herman based upon the start date of his employment of
July 22, 1976.

The determination by the New York State Office of Parks, Recreation
and Historic Preservation in 1995, as well as the information provided
to him in 1976, is incorrect according to law, regulation and guidance
used by the New York State and Local Retirement System.  At that time,
Mr. Herman was not only eligible to join the Retirement System, he was
not required to have made contributions and was advised incorrectly by
his Supervisor, as well as incorrectly denied in 1995. Therefore Mr.
Herman's current Tier 3 should be corrected to Tier 2 membership.
 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Fiscal note attached.

 EFFECTIVE DATE :
Immediately.

2017-S6644 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6644
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize William L. Herman Tier II status  in  the  New  York
   state and local employees' 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 provisions  of  law,  William  L.
 Herman,  a  member of the New York state and local employees' retirement
 system employed on July 22, 1976 by the office of  the  New  York  state
 comptroller,  who  was  employed  by the New York state office of parks,
 recreation and historic preservation and who, for reasons not ascribable
 to his own negligence, failed to become a member of the New  York  state
 and local employees' retirement system while so employed by the New York
 state  office  of  parks, recreation and historic preservation, shall be
 deemed to have joined the New York state and local employees' retirement
 system on July 22, 1976, if on or before December 31, 2017 he shall file
 an application therefor with the state comptroller. Upon the receipt  of
 such  application,  William L. Herman shall be granted Tier II status in
 the New York state and local employees' retirement system and be  eligi-
 ble for all the rights and benefits thereof.
   §  2. No contributions made to the New York state and local employees'
 retirement system by William L. Herman shall be returned or refunded  to
 him pursuant to this act.
   §  3.  All past costs of implementing the provisions of this act shall
 be borne by the state of New York.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will grant Tier 2 status in the New  York  State  and  Local
 Employee's  Retirement  System  to  William  L. Herman, a current Tier 3
 member employed by the office of the  New  York  state  comptroller,  by
 changing  his  date  of  membership  to July 22, 1976, his first date of

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

                                                            LBD11390-04-7

 S. 6644                             2
 
 employment with the New York  State  office  of  parks,  recreation  and
 historic preservation. There will be no refund of member contributions.
   If this legislation is enacted during the 2017 legislative session, we
 anticipate that there will be an increase of approximately $5,000 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 William L. Herman change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $78,100  which  will  be
 borne  by  the State of New York as a one-time payment. This estimate is
 based on the assumption that payment will be made on March 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 11, 2017, and intended for  use  only  during
 the  2017  Legislative  Session, is Fiscal Note No. 2017-96, prepared by
 the Actuary for the New York State and Local Retirement System.

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