S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1578
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced by Sens. GALLIVAN, KENNEDY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 AN  ACT  to  authorize William J. Cooley and Patrick Humiston to receive
   certain credit under section 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,  William  J.
 Cooley and Patrick Humiston, both currently city of Buffalo police offi-
 cers and members of the New York state and local police and fire retire-
 ment  system covered by section 384-d of the retirement and social secu-
 rity law, who for the period beginning November 12, 2002 and  ending  in
 July  of 2006, and for the period beginning November 12, 2002 and ending
 August 21, 2006, respectively, were employed as deputy sheriffs  by  the
 Erie County Sheriff's Department where each was a member of the New York
 state  and  local employees' retirement system, and who, for reasons not
 ascribable to their own negligence,  were  not  granted  service  credit
 under  section 384-d of the retirement and social security law for their
 periods of employment with the Erie County Sheriff's  Department,  shall
 be granted such service credit under section 384-d of the retirement and
 social  security  law and shall be entitled to the full rights and bene-
 fits associated with coverage under such  section  as  well  as  section
 384-e  of  such law, provided a request to that effect is filed with the
 state comptroller within one year from the effective date of this act.
   § 2. All past service costs incurred in implementing the provisions of
 this act shall be borne by the city of Buffalo.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will grant service credit under section 384-d of the Retire-
 ment and Social Security Law to William J. Cooley and Patrick  J.  Humi-

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

                                                            LBD04385-02-9

 S. 1578                             2
 
 ston,  both  current  members of the New York State and Local Police and
 Fire Retirement Systems (PFRS), for the periods  of  November  12,  2002
 through  July  of  2006  and  November 12, 2002 through August 21, 2006,
 respectively, during which both were employed as deputy sheriffs in Erie
 County.  Currently,  deputy  sheriff service is not creditable in a PFRS
 twenty year police retirement plan.
   If this bill is enacted during the  2019  legislative  session,  there
 will  be  an immediate past service cost of approximately $589,000 which
 will be borne by the city of Buffalo as a one-time payment.  This  esti-
 mate is based on the assumption that payment will be made on February 1,
 2020.
   There  will not be an increase in the annual contributions of the City
 of Buffalo.
   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 judgment of an attorney.
   This estimate, dated January 3, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No. 2019-9, prepared by the
 Actuary for the New York State and Local Retirement System.