NY State Senate Bill 2019-S1407

Senate Bill S1407

2019-2020 Legislative Session

Authorizes Joseph F. Delaney to apply for military service credit in the New York state and local employees' retirement system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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
Jan 08, 2020	referred to civil service and pensions
Jan 14, 2019	referred to civil service and pensions

2019-S1407 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7638
2021-2022: S4445

2019-S1407 (ACTIVE) - Summary

Authorizes Joseph F. Delaney to apply for military service credit in the New York state and local employees' retirement system.

2019-S1407 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1407

SPONSOR: HELMING
 
TITLE OF BILL:

An act to authorize Joseph F. Delaney to apply for military service
credit in the New York state and local employees' retirement system

 
PURPOSE:

This bill would allow United States Military veteran Joseph F. Delaney
to apply for military service credit for the period of his military
service.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that Joseph F. Delaney, a retired member of the New
York State and Local Employees' Retirement System shall be eligible to
apply for military service credit.

Section 2 requires past service costs attributable to the implementation

to be borne by New York State.

Section 3 provides an immediate effective date.

 
JUSTIFICATION:

Joseph F. Delaney a retired member of the New York State and Local
Employees' Retirement System served honorably in active duty in the
United States Military during the Korean War. Chapter 644 of the Mili-
tary Law of 1998 permitted public employees to purchase military service
credit in their retirement system for the length of time of that mili-
tary service, up to three years. Joseph F. Delaney was a member of LRS,
but retired prior to enactment of Chapter 644. Because Mr. Delaney
retired before December 21, 1998, the effective date of Chapter 644, he
was not eligible to apply for military service credit under such
provision. This bill would allow him to apply for military service cred-
it for the period of his military service.

 
PRIOR LEGISLATIVE HISTORY:

S.7638-Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This act will take effect immediately.

2019-S1407 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1407
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize Joseph F. Delaney  to  apply  for  military  service
   credit 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  subdivision  5  of  section  1000  of  the
 retirement  and social security law, Joseph F. Delaney, a retired member
 of the New York state and  local  employees'  retirement  system  having
 retired  December 30, 1997; and who served in the United States military
 during the Korean conflict, shall be  eligible  to  apply  for  military
 service  credit  in  the  New York state and local employees' retirement
 system as otherwise provided pursuant to provisions of section  1000  of
 the  retirement  and  social  security  law,  if, within one year of the
 effective date of this act, he shall: (1) file a written request to that
 effect with such retirement system; and (2) shall pay to  the  New  York
 state  and  local  employees'  retirement  system an amount equal to the
 product of the number of years of military  service  being  claimed  and
 three  percent of his final average salary. Such benefit shall be recal-
 culated as of the date of his retirement.
   § 2. All past service costs attributable to the implementation of this
 act shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will authorize Joseph F. Delaney, who is a retired member of
 the New York State and Local Employees' Retirement System (NYSLERS),  to
 apply  for  military  service credit pursuant to §1000 of the Retirement
 and Social Security Law.  The bill requires Mr. Delaney to  pay  to  the
 NYSLERS  an  amount to equal the product of the number of years of mili-
 tary service being claimed and 3%  of  his  final  average  salary.  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04982-02-9

 S. 1407                             2
 
 retirement  benefit will be recalculated and payment will be made retro-
 active to his date of retirement.
   If  this  bill  is  enacted during the 2019 legislative session, there
 will be an  immediate  past  service  cost  of  approximately  $103,000.
 Approximately  $3,100  of this cost would be borne by Joseph Delaney and
 the remaining $99,900 would 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, 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.
   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 judgement of an attorney.
   This  estimate, date January 9, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No.  2019-12,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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