NY State Senate Bill 2019-S7532

Senate Bill S7532

Signed By Governor

2019-2020 Legislative Session

Authorizes William J. Cooley to receive service credit under section 384-d of the retirement and social security law

download bill text pdf

Archive: Last Bill Status Via A9663 - 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.292
Nov 18, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate home rule request 3rd reading cal.979 substituted for s7532
Jul 22, 2020	substituted by a9663 ordered to third reading cal.979
Jan 23, 2020	referred to civil service and pensions

Votes

- Jul 22, 2020 - Floor Vote
  A9663
  
  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
  S7532
  
  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-S7532 (ACTIVE) - Details

See Assembly Version of this Bill:: A9663
Law Section:: Retirement

2019-S7532 (ACTIVE) - Summary

Authorizes William J. Cooley to receive service credit under section 384-d of the retirement and social security law.

2019-S7532 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7532

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to authorize William J. Cooley to receive certain service credit
under section 384-d of the retirement and social security law

 
PURPOSE OF THE BILL:

This legislation will authorize Detective William J. Cooley, 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:

Detective William J. Cooley, 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 July 15, 2006.

This bill is necessary based on the fact that the City of Buffalo inad-
vertently passed over Detective Cooley for reinstatement as a BPD offi-
cer when the re-hiring of officers commenced on June 16, 2003.  Impor-
tantly, this bill addresses the concerns raised by the Executive in his
veto message (see Memo. No. 235 of 2019) by specifically prescribing the
timeframe associated with said transfer - June 16, 2003 to July 15, 2006
- the period when Detective Cooley should have been restored to duty
with the BPD and when his re-hire was effectuated.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.4724/A.6977 passed Senate/passed Assembly
2017-18: S.6664A/A.8718A passed Senate/referred to governmental employ-
ees

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
The bill would take effect immediately.

2019-S7532 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7532
 
                             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 William J. Cooley 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,  William  J.
 Cooley, currently a city of Buffalo police officer and member of the New
 York  state  and  local  police  and  fire  retirement system covered by
 section 384-d of the retirement and social security  law,  who  for  the
 period beginning June 16, 2003 and ending July 15, 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  William  J.
 Cooley, a current member of the New York State and Local Police and Fire
 Retirement  System  (PFRS), for the period of June 16, 2003 through July
 15, 2006, during which he was employed as a deputy sheriff in Erie Coun-
 ty. 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.

                                                            LBD14537-04-0

 S. 7532                             2
 
   If this bill is enacted during the  2020  legislative  session,  there
 will  be  an immediate past service cost of approximately $303,000 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. 2020-35,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

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Senate Bill S7532

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Sponsored By

Patrick M. Gallivan