NY State Senate Bill 2019-S7531

Senate Bill S7531

Signed By Governor

2019-2020 Legislative Session

Authorizes Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law

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Archive: Last Bill Status Via A9682 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 27, 2020	signed chap.293
Nov 18, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate home rule request 3rd reading cal.978 substituted for s7531
Jul 22, 2020	substituted by a9682 ordered to third reading cal.978
Jan 23, 2020	referred to civil service and pensions

Votes

- Jul 22, 2020 - Floor Vote
  A9682
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jul 22, 2020 - Rules Committee Vote
  S7531
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

co-Sponsors

2019-S7531 (ACTIVE) - Details

See Assembly Version of this Bill:: A9682
Law Section:: Retirement
Versions Introduced in 2017-2018 Legislative Session:: A10765

2019-S7531 (ACTIVE) - Summary

Authorizes Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law.

2019-S7531 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7531

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to authorize Patrick Humiston to receive certain service credit
under section 384-d of the retirement and social security law

 
PURPOSE OF THE BILL:

This legislation will authorize Officer Patrick Humiston, of the Buffalo
Police Department (BPD), to transfer a defined period of service credit
he accrued while a member of the Erie County Sheriff's Office uniformed
patrol to the pension plan of his existing employer.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the authority to transfer a specified period of
time related to service credit.

Section 2 requires past service costs to be borne by the City of

Buffalo.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Patrick Humiston, due to circumstances beyond his control was laid-off
from his position as a sworn officer with the Buffalo Police Department
(BPD) in 2002, thereby requiring him to seek alternative employment. He
was subsequently hired as an Erie County Sheriff's Deputy for a period
of approximately three years before being re-hired by the BPD on August
21, 2006.

This bill is necessary based on the fact that the City of Buffalo inad-
vertently passed over Officer Humiston for reinstatement as a BPD offi-
cer when the re-hiring of officers took place. Importantly, this bill
addresses the concerns raised by the Executive in his veto message (see
Memo. No. 236 of 2019) by specifically prescribing the timeframe associ-
ated with said transfer - May 26, 2004 to August 21, 2006 - the period
when Officer Humiston should have been restored to duty with the BPD and
when his re-hire was effectuated.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.4725/A.6998 passed Senate/passed Assembly
2017-18: S.8051/A.10765 passed Senate/referred to governmental employees

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
The bill would take effect immediately.

2019-S7531 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7531
 
                             I N  S E N A T E
 
                             January 23, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize Patrick Humiston to receive certain  service  credit
   under section 384-d of the retirement and social security 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,  Patrick  Humi-
 ston,  currently  a city of Buffalo police officer and member of the New
 York State and local police and fire  retirement  system  covered  under
 section 384-d of the retirement and social security law, who for a peri-
 od  beginning May 26, 2004 and ending August 21, 2006, was employed as a
 deputy sheriff by the Erie County Sheriff's Department where  he  was  a
 member of the New York state and local employees' retirement system, and
 who,  for  reasons not ascribable to his own negligence, was not granted
 service credit under section 384-d of the retirement and social security
 law for such period of employment with the Erie County Sheriff's Depart-
 ment, 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 benefits associated with coverage under such section as  well
 as  section 384-e of such law, provided that 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 together  with
 section  384-e  of  the Retirement and Social Security Law to Patrick J.
 Humiston, a current member of the New York State and  Local  Police  and
 Fire  Retirement  System  (PFRS), for the period of May 26, 2004 through
 August 21, 2006, during which he was employed as  a  deputy  sheriff  in
 Erie  County.  Currently,  deputy sheriff service is not creditable in a
 PFRS twenty year police retirement plan.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14538-03-0

 S. 7531                             2
 
   If this bill is enacted during the  2020  legislative  session,  there
 will  be  an immediate past service cost of approximately $127,000 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,
 2021.
   There  will  be no 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, 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 January 22,  2020,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-36,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

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Senate Bill S7531

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Sponsored By

Patrick M. Gallivan