NY State Senate Bill 2019-S5778

Senate Bill S5778

2019-2020 Legislative Session

Authorizes Donald R. Linde to apply for retroactive membership 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
May 14, 2019	referred to civil service and pensions

2019-S5778 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2017-2018 Legislative Session:: S5869

2019-S5778 (ACTIVE) - Summary

Authorizes Donald R. Linde to apply for retroactive membership in the New York state and local employees' retirement system.

2019-S5778 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5778

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act granting retroactive tier IV membership in the
New York state and local employees' retirement system to Donald R. Linde

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows Donald R. Linde, who is currently a member of Tier V of the New
York State and Local Employee s Retirement System, and employed by the
New York State Taxation and Finance Investigation Division, to claim a
benefit from his original employment start date when he was an employee
of the New York State University Police at Buffalo (SUNY).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows Donald R. Linde to receive a benefit based on the total
service credit to which he was entitled at the time of his employment
start.

Section 2 requires that all costs associated with this act be borne by

The State University of New York at Buffalo, and that there shall be no
refund of member benefits to Donald R. Linde.

Section 3 contains the effective date.

 
JUSTIFICATION:

Donald R. Linde was employed by the State University of New York at
Buffalo in September 2009. He was eligible to join the pension system
during this time, but was advised after inquiry that in his position he
was not eligible to join. At the time, he would have been eligible for
entrance into Tier IV. He was not provided with an application to apply
for membership in the retirement system until February 2010 and he is
now an employee with the New York State Taxation and Finance Criminal
Investigations Division and is a member of Tier V. Had he entered the
pension system in 2009, he would be a member of Tier IV. This bill
allows him to retroactively enter the pension tier that he was entitled
to in 2009.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 - S.5869 - CIVIL SERVICE & PENSIONS

 
FISCAL IMPLICATIONS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5778 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5778
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Civil  Service  and
   Pensions
 
 AN ACT granting retroactive tier IV membership in the New York state and
   local employees' retirement system to Donald R. Linde

   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,
 Donald R. Linde, a member of the New York  state  and  local  employees'
 retirement  system  who is currently employed by the Department of Taxa-
 tion and Finance, who on September 3, 2009 commenced part  time  employ-
 ment  with the State University of New York at Buffalo, and who became a
 member of such retirement system on February  11,  2010,  and  who,  for
 reasons  not ascribable to his own negligence, failed to become a member
 of the New York state and local employees' retirement system on  Septem-
 ber  3,  2009,  shall be deemed to have joined such retirement system on
 September 3, 2009, the commencement of his  employment  with  the  State
 University  of  New York at Buffalo, if within one year of the effective
 date of this act he shall file an application therefor  with  the  state
 comptroller.  Upon receipt of such application, Donald R. Linde shall be
 deemed to have joined the New York state and local employees' retirement
 system during 2009.
   § 2. All past service costs of implementing the provisions of this act
 shall be borne by the State University of New York at Buffalo, and there
 shall be no refund of member contributions to Donald R. Linde.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will grant Tier 4 status in the New  York  State  and  Local
 Employees' Retirement System to Donald R. Linde, a current Tier 5 member
 employed  by the NYS department of Tax and Finance, by changing his date
 of membership to September 3, 2009, his first date  of  employment  with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01773-02-9

 S. 5778                             2
 
 the  State University of New York at Buffalo. There will be no refund of
 member contributions.
   If this bill is enacted during the 2019 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $1,600 in the
 annual contributions of the State University of New York at Buffalo  for
 the  fiscal  year ending March 31, 2020. In future years, this cost will
 vary as the billing rates and salary of Donald Linde change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $20,300 which will  be  borne  by  the
 State  University  of  New  York  at Buffalo 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 judgment of an attorney.
   This estimate, dated May 7, 2019, and intended for use only during the
 2019  Legislative  Session, is Fiscal Note No. 2019-108, prepared by the
 Actuary for the New York State and Local Retirement System.

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