S T A T E O F N E W Y O R K
________________________________________________________________________
9754
I N A S S E M B L Y
February 10, 2020
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to authorize the city of Mount Vernon, in the county of Westches-
ter, to pay to Henry George Thomas and Christopher Francis the differ-
ence between their retirement allowance and the amount of their regu-
lar salary or wage at the time of retirement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any provision of section 207-a of the
general municipal law to the contrary, the city of Mount Vernon, in the
county of Westchester, acting by and through its city council, is hereby
authorized to enter into an agreement with Henry George Thomas and
Christopher Francis, firefighters employed by the fire department of
such city; whereby upon Henry George Thomas and Christopher Francis'
retirement pursuant to section 384-d of the retirement and social secu-
rity law, which agreement provides that the city of Mount Vernon will
pay Henry George Thomas and Christopher Francis the difference between
the base annual salary they would have received had they remained
employed pursuant to subdivision 1 of section 207-a of the general
municipal law until mandatory retirement and their retirement allowance
(computed at option zero amount), plus the workers' compensation income
benefit, if any, received by Henry George Thomas and Christopher Francis
after their retirement date.
§ 2. Except as specifically provided in this act, no provision of this
act shall be deemed to create any right or privilege for any other
employee of the city of Mount Vernon.
§ 3. All costs of implementing the provisions of this act shall be
borne by the city of Mount Vernon.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--This bill authorizes the city of Mount Vernon to enter
into an agreement with Henry George Thomas and Christopher Francis,
firefighters employed by the fire department of the city and retired
with performance of duty disability benefits from the New York State and
Local Police and Fire Retirement System, whereby the city of Mount
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09933-03-0
A. 9754 2
Vernon will pay them the difference between the base annual salary they
would have received had they remained employed pursuant to section 207-a
of the General Municipal Law until mandatory retirement age and their
retirement allowance plus any workers' compensation income received
after the date of retirement.
If this bill is enacted, there is no cost to the New York State and
Local Police and Fire Retirement System.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 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, 2019
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 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 February 6, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-48,
prepared by the Actuary for the New York State and Local Retirement
System.