S T A T E O F N E W Y O R K
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7987
2019-2020 Regular Sessions
I N A S S E M B L Y
May 30, 2019
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Governmental Employees
AN ACT to authorize certain police officers to receive certain service
credit under sections 384 and 384-d of the retirement and social secu-
rity law
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 to the contrary,
Jonathan Roman, David Arroyo, and Vincent Fiumara, members of the New
York state and local police and fire retirement system, who were
appointed as police officers with the village of Port Chester on August
4, 2014, and who, through no fault of their own, were enrolled to
participate in the special twenty-five year retirement plan contained in
section 384 of the retirement and social security law, shall be given
full credit in the special twenty year retirement plan contained in
section 384-d of the retirement and social security law for such service
upon the election of the village of Port Chester to assume the addi-
tional cost of such service. The village of Port Chester may so elect by
filing with the state comptroller within 180 days of the effective date
of this act, a resolution of its legislative body, together with certif-
ication that such police officers did not bar themselves from partic-
ipation in such retirement plan as a result of their own negligence.
Thereafter, such officers may elect to be covered by the provisions of
section 384-d of the retirement and social security law, and shall be
entitled to the full rights and benefits associated with coverage under
such section, by filing a request to this effect with the state comp-
troller within one year of the effective date of this act.
§ 2. Notwithstanding any other provision of law to the contrary, Jason
Behar, a member of the New York state and local police and fire retire-
ment system, who transferred as a police officer from the city of Mount
Vernon to the village of Port Chester on May 26, 2015, and who, through
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11075-06-9
A. 7987 2
no fault of his own, was enrolled to participate in the special twenty
year retirement plan contained in section 384-d of the retirement and
social security law, shall be given full credit in the optional retire-
ment plan contained in section 384 of the retirement and social security
law for such service upon the election of the village of Port Chester to
assume the additional cost of such service. The village of Port Chester
may so elect by filing with the state comptroller, within 180 days of
the effective date of this act, a resolution of its legislative body
together with certification that such police officer did not bar himself
from participation in such retirement plan as a result of his own negli-
gence. Thereafter, Jason Behar may elect to be covered by the
provisions of section 384 of the retirement and social security law, and
shall be entitled to the full rights and benefits associated with cover-
age under such section, by filing a request to that effect with the
state comptroller within one year of the effective date of this act.
§ 3. All past service costs associated with implementing the
provisions of this act shall be borne by the village of Port Chester and
may be amortized over a ten year period.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow the village of Port Chester to reopen the
provisions of Section 384-d of the Retirement and Social Security Law
(RSSL) for police officers Jonathan Roman, David Arroyo and Vincent
Fiumara and to reopen the provisions of Section 384 of RSSL for police
officer Jason Behar.
If this bill is enacted during the 2019 legislative session and Jona-
than Roman, David Arroyo and Vincent Fiumara become covered under the
provisions of Section 384-d, we anticipate that there will be an
increase of approximately $12,000 in the annual contributions of the
village of Port Chester for the fiscal year ending March 31, 2020. In
future years, this cost will vary as the billing rates and salary of
these police officers change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $43,000, which will be borne by the
village of Port Chester as a one-time payment. This estimate is based on
the assumption that payment will be made on February 1, 2020. If the
village elects to amortize this cost over a 10 year period, the cost for
the first year would be $5,730.
If Jason Behar becomes covered under the provisions of Section 384,
there will be an immediate cost for the return of member contributions
of $17,300 which will be borne by the village of Port Chester as a one-
time payment. This estimate is based on the assumption that payment will
be made on February 1, 2020.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
New York State and Local Retirement System Financial Statements and
Supplementary Information.
A. 7987 3
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated May 13, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-107, prepared by
the Actuary for the New York State and Local Retirement System.