Assembly Bill A7242

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7242
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT in relation to granting Sean O'Brien  additional  service  credit
   with the New York state and local employees' retirement system
 
   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,  Sean  O'Brien,
 currently  an undersheriff with the St. Lawrence County Sheriff's Office
 and member of the New York state and local employees' retirement  system
 covered  by  section  552 of the retirement and social security law, who
 for the period beginning January 16, 2003 and ending on  May  23,  2003,
 was  employed as a police officer by the village of Massena and enrolled
 in the Basic Course for Police Officers at the State University  of  New
 York  College of Technology at Canton, and who, for reasons not ascriba-
 ble to his own negligence, was not granted service credit for his period
 of training, shall be granted such service credit under section  552  of
 the retirement and social security law, if on or before the thirty-first
 of  December  next  succeeding  the effective date of this act, he shall
 file a written request to that effect with the state comptroller.
   § 2. All past service costs incurred in implementing the provisions of
 this act shall be borne by the village of Massena.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow detective Sean O'Brien to receive service credit
 in the New York State and Local Employees' Retirement System  (ERS)  for
 unpaid  police  officer  training  for the Village of Massena during the
 period January 16, 2003 through  May  23,  2003.  Detective  O'Brien  is
 currently  a Tier 4 ERS member employed by the St. Lawrence County Sher-
 iff's Office and covered by the provisions of Section 552 of the Retire-
 ment and Social Security Law (RSSL). Under current law, salary  must  be
 paid  for  rendered  service  to  be  credited. Further, credit for paid
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05026-02-1

 A. 7242                             2
 
 police cadet service is available for purchase under  certain  New  York
 State  and Local Police and Fire Retirement System (PFRS) plans only (no
 ERS plans) and must be paid by the member.
   If  this  bill  is  enacted during the 2021 legislative session, there
 will be an immediate past service cost of  approximately  $14,800  which
 will  be  borne  by  the  Village of Massena as a one-time payment. This
 estimate is based on the assumption that payment will be made on  Febru-
 ary 1, 2022.
   The  annual  contributions  of the Village of Massena 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, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 14,  2021,  and  intended  for  use  only
 during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-31,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.