NY State Senate Bill 2017-S6730

Senate Bill S6730

Vetoed By Governor

2017-2018 Legislative Session

Grants retroactive membership in the New York state and local employees' retirement system to Joseph J. Maltese

download bill text pdf

Archive: Last Bill Status Via A8411 - 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
Dec 07, 2018	tabled vetoed memo.287
Nov 26, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.2051 substituted for s6730b
Jun 20, 2018	substituted by a8411b ordered to third reading cal.2051 committee discharged and committed to rules
Jun 14, 2018	print number 6730b
Jun 14, 2018	amend and recommit to civil service and pensions
Jan 29, 2018	print number 6730a
Jan 29, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions
Jun 15, 2017	referred to rules

Votes

- Jun 20, 2018 - Floor Vote
  A8411
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      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
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S6730
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo
      
      excused (1)
      
      Rivera

Bill Amendments

Original

B (Active)

2017-S6730 - Details

See Assembly Version of this Bill:: A8411
Law Section:: Retirement

2017-S6730 - Summary

Grants retroactive membership in the New York state and local employees' retirement system to Joseph J. Maltese.

2017-S6730 - Sponsor Memo

                                
 
BILL NUMBER: S6730                Revised 1/18/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act granting retroactive membership in the New York
state and local employees' retirement system to Joseph J. Maltese

 
PURPOSE:

This bill will grant Tier 1 status to Joseph J. Maltese, an employee of
the New York State unified court system, by changing his date of member-
ship to February 2, 1970, his first date of employment with the New York
City civil court.

 
SUMMARY OF PROVISIONS:

Section one allows Joseph J. Maltese to become a member of the NY state
and local employees' retirement system on February 2, 1970, if he files
an application with the state Comptroller's office within one year of
this act becoming law. This will give him Tier 1 status in the NY state
and local employees' retirement system.

Section two says the New York State Unified Court System will pay for
the past costs of implementing this bill.

Section three is the effective date.

 
JUSTIFICATION:

Joseph J. Maltese is an Associate Justice of the Appellate Division,
Second Department of the New York State Supreme Court and is employed by
the New York State Unified Court System. Judge Maltese currently holds
Tier 2 status with a membership date of March 25, 1974. Judge Maltese
was previously employed from February 2, 1970 through September 4, 1970
as a full-time court assistant with the New York City Civil Court, but
was not offered membership in the New York City employees' retirement
system at the time. From June 7, 1971 through September 3, 1971 was
employed as a legal intern with the New York State Office of the Attor-
ney General, but was not offered membership in the New York State and
Local Employees' Retirement System at that time. Judge Maltese should
have been offered membership in the New York City Employees' Retirement
System when initially employed by them. This bill would correct this
error by providing him with retroactive membership in the retirement
system.

 
LEGISLATIVE HISTORY:

2017: S.6730 - Referred to Rules / A.8411 - Referred to Governmental
Employees

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2017-S6730 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6730
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT granting retroactive membership in the New York state  and  local
   employees' retirement system to Joseph J. Maltese
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other law to the  contrary,  Joseph  J.
 Maltese, who was employed as a full-time employee with the New York city
 civil court from February 2, 1970 through September 4, 1970, and who was
 later employed as a full-time employee with the New York state office of
 the  attorney  general  from June 7, 1971 through September 3, 1971, and
 who is currently a full-time employee of  the  New  York  state  unified
 court  system,  and  who  is  a Tier II member of the New York state and
 local employees' retirement system, and who through no fault of his  own
 did  not  become  a  member  of  the New York city employees' retirement
 system on February 2, 1970 when first employed  by  the  New  York  city
 civil  court,  and  who  through  no  fault of his own, did not become a
 member of the New York state and local employees' retirement  system  on
 July  7,  1971  when  first employed by the New York state office of the
 attorney general shall be deemed to have a date of membership  with  the
 New  York  state  and  local employees' retirement system of February 2,
 1970, if, within one year of the effective date of this  act,  he  shall
 file  an  application  therefore  with  the  state comptroller. Upon the
 receipt of such application, Joseph J. Maltese shall be granted  Tier  I
 status  in the New York state and local employees' retirement system and
 be eligible for all the rights and benefits thereof.  Any  contributions
 made  to  the New York city employees' retirement system or the New York
 state and local employees'  retirement  system  by  Joseph  J.  Maltese,
 together with interest, shall be returned or refunded to him pursuant to
 this act.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13100-02-7

 S. 6730                             2
 
   § 2. Any past service costs associated with the implementation of this
 act shall be borne by the New York state unified court system.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  will grant Tier 1 status to Joseph J. Maltese, an employee
 of the New York State unified court system,  by  changing  his  date  of
 membership  to  February  2, 1970, his first date of employment with the
 New York City civil court. There will be a  refund  of  member  contrib-
 utions, with interest.
   If this legislation is enacted during the 2017 legislative session, we
 anticipate that there will be an increase of approximately $4,200 in the
 annual  contributions of the New York State unified court system for the
 fiscal year ending March 31, 2018. In future years, this cost will  vary
 as the billing rates and salary of Joseph J. Maltese change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past service cost of approximately $102,000 which will be
 borne by the New York State unified court system 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 June 9, 2017, and intended for  use  only  during
 the  2017  Legislative Session, is Fiscal Note No. 2017-116, prepared by
 the Actuary for the New York State and Local Retirement System.

2017-S6730A - Details

See Assembly Version of this Bill:: A8411
Law Section:: Retirement

2017-S6730A - Summary

Grants retroactive membership in the New York state and local employees' retirement system to Joseph J. Maltese.

2017-S6730A - Sponsor Memo

                                
 
BILL NUMBER: S6730A

SPONSOR: LANZA
 
TITLE OF BILL:  An act granting retroactive membership in the New York
state and local employees' retirement system to Joseph J. Maltese

 
PURPOSE:

This bill will grant Tier 1 status to Joseph J. Maltese, an employee of
the New York State unified court system, by changing his date of member-
ship to February 2, 1970, his first date of employment with the New York
City civil court.

 
SUMMARY OF PROVISIONS:

Section one allows Joseph J. Maltese to become a member of the NY state
and local employees' retirement system on February 2, 1970, if he files
an application with the state Comptroller's office within one year of
this act becoming law. This will give him Tier 1 status in the NY state
and local employees' retirement system.

Section two says the New York State Unified Court System will pay for
the past costs of implementing this bill.

Section three is the effective date.

 
JUSTIFICATION:

Joseph J. Maltese is an Associate Justice of the Appellate Division,
Second Department of the New York State Supreme Court and is employed by
the New York State Unified Court System. Judge Maltese currently holds
Tier 2 status with a membership date of March 25, 1974. Judge Maltese
was previously employed from February 2, 1970 through September 4, 1970
as a full-time court assistant with the New York City Civil Court, but
was not offered membership in the New York City employees' retirement
system at the time. From June 7, 1971 through September 3, 1971 was
employed as a legal intern with the New York State Office of the Attor-
ney General, but was not offered membership in the New York State and
Local Employees' Retirement System at that time. Judge Maltese should
have been offered membership in the New York City Employees' Retirement
System when initially employed by them. This bill would correct this
error by providing him with retroactive membership in the retirement
system.

 
LEGISLATIVE HISTORY:

2017: S.6730 - Referred to Rules / A.8411 - Referred to Governmental
Employees

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2017-S6730A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6730--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  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 committee

 AN  ACT  granting retroactive membership in the New York state and local
   employees' retirement system to Joseph J. Maltese
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  any other law to the contrary, Joseph J.
 Maltese, who was employed as a full-time employee with the New York city
 civil court from February 2, 1970 through September 4, 1970, and who was
 later employed as a full-time employee with the New York state office of
 the attorney general from June 7, 1971 through September  3,  1971,  and
 who  is  currently  a  full-time  employee of the New York state unified
 court system, and who is a Tier II member of  the  New  York  state  and
 local  employees' retirement system, and who through no fault of his own
 did not become a member of  the  New  York  city  employees'  retirement
 system  on  February  2,  1970  when first employed by the New York city
 civil court, and who through no fault of  his  own,  did  not  become  a
 member  of  the New York state and local employees' retirement system on
 July 7, 1971 when first employed by the New York  state  office  of  the
 attorney  general  shall be deemed to have a date of membership with the
 New York state and local employees' retirement  system  of  February  2,
 1970,  if,  within  one year of the effective date of this act, he shall
 file an application therefore  with  the  state  comptroller.  Upon  the
 receipt  of  such application, Joseph J. Maltese shall be granted Tier I
 status in the New York state and local employees' retirement system  and
 be  eligible  for all the rights and benefits thereof. Any contributions
 made to the New York city employees' retirement system or the  New  York
 state  and  local  employees'  retirement  system  by Joseph J. Maltese,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13100-03-8

 S. 6730--A                          2
 
 together with interest, shall be returned or refunded to him pursuant to
 this act.
   § 2. Any past service costs associated with the implementation of this
 act shall be borne by the New York state unified court system.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  will  grant  Tier 1 status to Joseph J. Maltese, a current
 Tier 2 member employed by the New York State unified  court  system,  by
 changing  his  date of membership to February 2, 1970, his first date of
 employment with the New York City civil court. There will be a refund of
 member contributions with interest.
   If this legislation is enacted during the 2018 legislative session, we
 anticipate that there will be an increase of approximately $4,300 in the
 annual contributions of the New York State unified court system for  the
 fiscal  year ending March 31, 2019. In future years, this cost will vary
 as the billing rate and salary of Joseph Maltese change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $110,000 which  will  be
 borne by the New York State unified court system as a one-time payment.
   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  January  25,  2018,  and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-48,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

2017-S6730B (ACTIVE) - Details

See Assembly Version of this Bill:: A8411
Law Section:: Retirement

2017-S6730B (ACTIVE) - Summary

Grants retroactive membership in the New York state and local employees' retirement system to Joseph J. Maltese.

2017-S6730B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6730B

SPONSOR: LANZA
 
TITLE OF BILL:  An act granting retroactive membership in the New York
state and local employees' retirement system to Joseph J. Maltese

 
PURPOSE:

This bill will grant Tier 1 status to Joseph J. Maltese, an employee of
the New York State unified court system, by changing his date of member-
ship to February 2, 1970, his first date of employment with the New York
City civil court.

 
SUMMARY OF PROVISIONS:

Section one allows Joseph J. Maltese to become a member of the NY state
and local employees' retirement system on February 2, 1970, if he files
an application with the state Comptroller's office within one year of
this act becoming law. This will give him Tier 1 status in the NY state
and local employees' retirement system.

Section two says the New York State Unified Court System will pay for
the past costs of implementing this bill.

Section three is the effective date.

 
JUSTIFICATION:

Joseph J. Maltese is an Associate Justice of the Appellate Division,
Second Department of the New York State Supreme Court and is employed by
the New York State Unified Court System. Judge Maltese currently holds
Tier 2 status with a membership date of March 25, 1974. Judge Maltese
was previously employed from February 2, 1970 through September 4, 1970
as a full-time court assistant with the New York City Civil Court, but
was not offered membership in the New York City employees' retirement
system at the time. From June 7, 1971 through September 3, 1971 was
employed as a legal intern with the New York State Office of the Attor-
ney General, but was not offered membership in the New York State and
Local Employees' Retirement System at that time. Judge Maltese should
have been offered membership in the New York City Employees' Retirement
System when initially employed by them. This bill would correct this
error by providing him with retroactive membership in the retirement
system.

 
LEGISLATIVE HISTORY:

2017: S.6730 - Referred to Rules A.8411 - Referred to Governmental
Employees

 
FISCAL IMPLICATIONS:

See fiscal note attached to bill.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2017-S6730B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6730--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  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 committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT granting retroactive membership in the New York state  and  local
   employees' retirement system to Joseph J. Maltese
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other law to the  contrary,  Joseph  J.
 Maltese, who was employed as a full-time employee with the New York city
 civil court from February 2, 1970 through September 4, 1970, and who was
 later employed as a full-time employee with the New York state office of
 the  attorney  general  from June 7, 1971 through September 3, 1971, and
 who is currently a full-time employee of  the  New  York  state  unified
 court  system,  and  who  is  a Tier II member of the New York state and
 local employees' retirement system, and who through no fault of his  own
 did  not  become  a  member  of  the New York city employees' retirement
 system on February 2, 1970 when first employed  by  the  New  York  city
 civil  court,  and  who  through  no  fault of his own, did not become a
 member of the New York state and local employees' retirement  system  on
 July  7,  1971  when  first employed by the New York state office of the
 attorney general shall be deemed to have a date of membership  with  the
 New  York  state  and  local employees' retirement system of February 2,
 1970, if, within one year of the effective date of this  act,  he  shall
 file  an  application  therefore  with  the  state comptroller. Upon the
 receipt of such application, Joseph J. Maltese shall be granted  Tier  I
 status  in the New York state and local employees' retirement system and
 be eligible for all the rights and benefits  thereof.  No  contributions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13100-08-8

 S. 6730--B                          2
 
 made  to  the New York city employees' retirement system or the New York
 state and local employees' retirement system by Joseph J. Maltese, shall
 be returned or refunded to him pursuant to this act.
   § 2. Any past service costs associated with the implementation of this
 act shall be borne by the New York state unified court system.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  will  grant  Tier 1 status to Joseph J. Maltese, a current
 Tier 2 member employed by the New York State unified  court  system,  by
 changing  his  date of membership to February 2, 1970, his first date of
 employment with the New York City civil court. There will be  no  refund
 of member contributions.
   If this legislation is enacted during the 2018 legislative session, we
 anticipate that there will be an increase of approximately $4,300 in the
 annual  contributions of the New York State unified court system for the
 fiscal year ending March 31, 2019. In future years, this cost will  vary
 as the billing rate and salary of Joseph Maltese change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $30,500 which will be
 borne by the New York State unified court system as a one-time  payment.
 This  estimate  is  based on the assumption that payment will be made on
 March 1, 2019.
   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 June 14, 2018, and intended for use  only  during
 the  2018  Legislative Session, is Fiscal Note No. 2018-125, prepared by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S6730

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status Via A8411 - Vetoed by Governor

Bill Amendments

2017-S6730 - Details

2017-S6730 - Summary

2017-S6730 - Sponsor Memo

2017-S6730 - Bill Text download pdf

2017-S6730A - Details

2017-S6730A - Summary

2017-S6730A - Sponsor Memo

2017-S6730A - Bill Text download pdf

2017-S6730B (ACTIVE) - Details

2017-S6730B (ACTIVE) - Summary

2017-S6730B (ACTIVE) - Sponsor Memo

2017-S6730B (ACTIVE) - Bill Text download pdf

Comments