S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10454
 
                           I N  A S S E M B L Y
 
                               May 18, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. B. Miller)
   -- read once and referred to the Committee on Governmental Employees
 
 AN ACT to authorize the city of Little Falls, in the county of Herkimer,
   to offer certain retirement options to police officer Justin Dibble
 
   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,
 the  city  of  Little  Falls, in the county of Herkimer, a participating
 employer in the New York state and  local  police  and  fire  retirement
 system,  which  previously elected to offer the optional retirement plan
 established pursuant to section 384-d of the retirement and social secu-
 rity law to police officers employed by such city, is hereby  authorized
 to  make  participation in such plan available to Justin Dibble a police
 officer employed by the city of Little Falls, who, on the effective date
 of this act is covered under the provisions  of  section  375-i  of  the
 retirement  and social security law, and who, for reasons not ascribable
 to his own negligence failed to make a timely application to participate
 in such optional retirement plan. The city of Little Falls may so  elect
 by  filing with the state comptroller, on or before December 31, 2020, 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 negligence. Thereafter, such police  officer
 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 that effect with the state comptroller on or  before
 June 30, 2021.
   §   2.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the state.
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill will allow the city of Little Falls to elect to  reopen  the
 provisions  of  Section  384-d of the Retirement and Social Security Law
 for police officer Justin Dibble.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15692-02-0

 A. 10454                            2
 
   If this bill is enacted during the 2020 legislative session and Justin
 Dibble becomes covered under the provisions of Section 384-d, we  antic-
 ipate  that  there  will  be  an increase of approximately $4,400 in the
 annual contributions of the city of Little Falls  for  the  fiscal  year
 ending March 31, 2021. In future years, this cost will vary as the bill-
 ing rates and salary of Justin Dibble change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of $114,000 which will 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, 2021.
   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 March 30, 2020, and intended for use only  during
 the  2020  Legislative Session, is Fiscal Note No. 2020-102, prepared by
 the Actuary for the New York State and Local Retirement System.