S T A T E   O F   N E W   Y O R K
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                                   5785
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize certain police officers to receive  certain  service
   credit under sections 384 and 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 to the contrary,
 Jonathan Roman, David Arroyo, and Vincent Fiumara, members  of  the  New
 York  state  and  local  police  and  fire  retirement  system, who were
 appointed as police officers with the village of Port Chester on  August
 4,  2014,  and  who,  through  no  fault  of their own, were enrolled to
 participate in the special twenty-five year retirement plan contained in
 section 384 of the retirement and social security law,  shall  be  given
 full  credit  in  the  special  twenty year retirement plan contained in
 section 384-d of the retirement and social security law for such service
 upon the election of the village of Port Chester  to  assume  the  addi-
 tional cost of such service. The village of Port Chester may so elect by
 filing  with the state comptroller within 180 days of the effective date
 of this act, a resolution of its legislative body, together with certif-
 ication that such police officers did not bar  themselves  from  partic-
 ipation  in  such  retirement  plan as a result of their own negligence.
 Thereafter, such officers 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 this effect with the state comp-
 troller within one year of the effective date of this act.
   § 2. Notwithstanding any other provision of law to the contrary, Jason
 Behar, a member of the New York state and local police and fire  retire-
 ment  system, who transferred as a police officer from the city of Mount
 Vernon to the village of Port Chester on May 26, 2015, and who,  through
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11075-06-9

 S. 5785                             2
 
 no  fault  of his own, was enrolled to participate in the special twenty
 year retirement plan contained in section 384-d of  the  retirement  and
 social  security law, shall be given full credit in the optional retire-
 ment plan contained in section 384 of the retirement and social security
 law for such service upon the election of the village of Port Chester to
 assume  the additional cost of such service. The village of Port Chester
 may so elect by filing with the state comptroller, within  180  days  of
 the  effective  date  of  this act, 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 negli-
 gence.   Thereafter,  Jason  Behar  may  elect  to  be  covered  by  the
 provisions of section 384 of the retirement and social security law, and
 shall be entitled to the full rights and benefits associated with cover-
 age  under  such  section,  by  filing a request to that effect with the
 state comptroller within one year of the effective date of this act.
   §  3.  All  past  service  costs  associated  with  implementing   the
 provisions of this act shall be borne by the village of Port Chester and
 may be amortized over a ten year period.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  will  allow  the  village  of  Port  Chester to reopen the
 provisions of Section 384-d of the Retirement and  Social  Security  Law
 (RSSL)  for  police  officers  Jonathan  Roman, David Arroyo and Vincent
 Fiumara and to reopen the provisions of Section 384 of RSSL  for  police
 officer Jason Behar.
   If  this bill is enacted during the 2019 legislative session and Jona-
 than Roman, David Arroyo and Vincent Fiumara become  covered  under  the
 provisions  of  Section  384-d,  we  anticipate  that  there  will be an
 increase of approximately $12,000 in the  annual  contributions  of  the
 village  of  Port  Chester for the fiscal year ending March 31, 2020. In
 future years, this cost will vary as the billing  rates  and  salary  of
 these police officers change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of $43,000, which will be borne by the
 village of Port Chester as a one-time payment. This estimate is based on
 the assumption that payment will be made on February  1,  2020.  If  the
 village elects to amortize this cost over a 10 year period, the cost for
 the first year would be $5,730.
   If  Jason  Behar  becomes covered under the provisions of Section 384,
 there will be an immediate cost for the return of  member  contributions
 of  $17,300 which will be borne by the village of Port Chester as a one-
 time payment. This estimate is based on the assumption that payment will
 be made on February 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.

 S. 5785                             3
 
   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 13, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No. 2019-107,  prepared  by
 the Actuary for the New York State and Local Retirement System.