S T A T E O F N E W Y O R K
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7217--A
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT authorizing Michael J. Cappiello to purchase service credit for
service with the Long Island Railroad Company police department
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, Michael J.
Cappiello, a former member of the Long Island Railroad Company police
department, shall be eligible to apply to purchase up to three years of
service credit for such employment with the New York state and local
police and fire retirement system if, within one year of the effective
date of this act, he shall (1) file a written request to that effect
with such retirement system; and (2) shall pay to the New York state and
local police and fire retirement system a sum equal to the product of
the number of years of service being claimed and three percent of such
member's compensation earned during the twelve months of credited
service immediately preceding the date that the member made application
for credit pursuant to this section.
§ 2. All past service costs attributable to the implementation of this
act shall be borne by the state of New York.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Michael J. Cappiello, a current member of the
New York State and Local Police and Fire Retirement System (PFRS)
employed by the County of Suffolk, the ability to transfer up to three
years of his previous service credit earned as a police officer for the
Long Island Railroad Company. Current law allows for Long Island Rail-
road Company service to be transferred in to PFRS only if the member was
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10607-06-2
A. 7217--A 2
a member of the Metropolitan Transportation Authority police retirement
program, which Michael was never a member of.
If this bill is enacted during the 2022 legislative session, there
will be an immediate past service cost of approximately $182,000. Of
this amount, approximately $13,300 will be borne by the member to
purchase the additional service. The remaining $168,700 will be borne by
the State of New York as a one-time payment, based on the assumption
that payment will be made on March 1, 2023.
The annual contributions of the County of Suffolk would not change
upon enactment of this legislation as the member's plan coverage is not
affected.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 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, 2021
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 1, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-82, prepared by
the Actuary for the New York State and Local Retirement System.