NY State Senate Bill 2021-S5964A

Senate Bill S5964A

2021-2022 Legislative Session

Allows a continuous service credit for peace officers of the unified court system who were laid off for economy reasons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	print number 5964a
Jan 25, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Mar 24, 2021	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2021-S5964 - Details

See Assembly Version of this Bill:: A6561
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2021-S5964 - Summary

Allows a continuous service credit for retirement purposes for peace officers of the unified court system who were laid off for economy reasons in 1991 and returned to service in 1992.

2021-S5964 - Sponsor Memo

                                
 
BILL NUMBER: S5964

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to allow a continuous service credit for peace officers of the
unified court system who were laid off because of economy measures

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow peace officers of the unified court system who were laid off in
1991 due to economic reasons to purchase service credit with NYSLRS for
the period of time the member's employment was suspended

 
SUMMARY OF PROVISIONS:

Section one of the bill authorizes peace officers of the unified court
system, who were laid off in 1991 due to economic reasons, to file a
written request with the New York, state and local employees' retirement
system within one year of the effective date of this act to purchase
service credit with such system for the period of time the member's

employment was suspended.

Section two of the bill provides that any additional costs associated
with this legislation shall be borne by the state.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

In 1991, some Peace officers of the unified court system were laid off
through no fault of their own due to economic measures taken by the
court system. These employees returned to public service one year later
in 1992. As a result of this layoff, these public employees experienced
a break in service that will affect their retirement.  This legislation
allows these dedicated public servants to file a written notice with the
New York State and Local Employees' Retirement System to buy back the
service credit for the period such employee was laid off.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

See bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5964 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5964
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN  ACT  to  allow a continuous service credit for peace officers of the
   unified court system who were laid off because of economy measures

   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, rule or regu-
 lation to the contrary, any active member of  the  New  York  state  and
 local  employees'  retirement  system,  who  was  a peace officer of the
 unified court system suspended in 1991 because of economy measures taken
 by the unified court system, and who returned  to  service  as  a  peace
 officer of the unified court system in 1992, shall be eligible to file a
 written  request with the New York state and local employees' retirement
 system, within one year of the effective date of this act,  to  purchase
 service  credit  with  such  system  for the period of time the member's
 employment was suspended. Such member shall have at least five years  of
 credited  service,  not  including  service  credited in this act, to be
 eligible to receive the credit authorized by this act. A member  who  is
 eligible  to purchase service credit pursuant to this act shall pay such
 retirement system a sum equal to the product of the number of months  of
 service  being claimed and three percent of such member's annual rate of
 pay immediately preceding the date  that  the  member's  employment  was
 suspended, plus five percent annual interest to the date such payment is
 paid.  To  be  eligible to receive credit pursuant to this act, a member
 shall make application for such credit before his or her effective  date
 of retirement.
   §  2. Any additional costs for 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09794-03-1

 S. 5964                             2
 
   This bill would allow any member of  the  New  York  State  and  Local
 Employees'  Retirement System (ERS) who was suspended from employment as
 a peace officer of the unified court system in 1991 due to certain econ-
 omy measures, and who subsequently  returned  to  service  in  1992,  to
 purchase service credit with the ERS for the period of time the member's
 employment  was  suspended.  To  be  eligible for any additional service
 credit, a member must have accrued at least 5 years of  service  credit,
 not  including  service  credited  under  this  bill. The member will be
 required to pay a sum equal to the product of the number  of  months  of
 service  being  claimed  and  three  percent of their annual rate of pay
 immediately preceding the date  their  employment  was  suspended,  plus
 interest at 5% to the date of payment. This bill would not be consistent
 with  New  York  State  and  Local  Retirement System policy of granting
 service credit only when a salary has been paid.
   Insofar as it would affect the ERS, if this bill is enacted during the
 2021 legislative session it is estimated that the past service cost will
 average approximately 15 percent of an  affected  member's  compensation
 for  each  year of additional service that is granted. This cost will be
 borne entirely by the State of New York.
   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 March 9, 2021, and intended for use only during
 the 2021 Legislative Session, is Fiscal Note No.  2021-97,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2021-S5964A (ACTIVE) - Details

See Assembly Version of this Bill:: A6561
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2021-S5964A (ACTIVE) - Summary

Allows a continuous service credit for retirement purposes for peace officers of the unified court system who were laid off for economy reasons in 1991 and returned to service in 1992.

2021-S5964A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5964A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to allow a continuous service credit for peace officers of the
unified court system who were laid off because of economy measures

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow peace officers of the unified court system who were laid off in
1991 due to economic reasons to purchase service credit with NYSLRS for
the period of time the member's employment was suspended

 
SUMMARY OF PROVISIONS:

Section one of the bill authorizes peace officers of the unified court
system, who were laid off in 1991 due to economic reasons, to file a
written request with the New York, state and local employees' retirement
system within one year of the effective date of this act to purchase
service credit with such system for the period of time the member's
employment was suspended.

Section two of the bill provides that any additional costs associated
with this legislation shall be borne by the state.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

In 1991, some Peace officers of the unified court system were laid off
through no fault of their own due to economic measures taken by the
court system. These employees returned to public service one year later
in 1992. As a result of this layoff, these public employees experienced
a break in service that will affect their retirement.

This legislation allows these dedicated public servants to file a writ-
ten notice with the New York State and Local Employees' Retirement
System to buy back the service credit for the period such employee was
laid off.

 
PRIOR LEGISLATIVE HISTORY:

2021: S5964 - Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5964A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5964--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   --  recommitted  to  the  Committee  on  Civil Service and Pensions in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to allow a continuous service credit for peace  officers  of  the
   unified court system who were laid off because of economy measures
 
   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, rule  or  regu-
 lation  to  the  contrary,  any  active member of the New York state and
 local employees' retirement system, who  was  a  peace  officer  of  the
 unified court system suspended in 1991 because of economy measures taken
 by  the  unified  court  system,  and who returned to service as a peace
 officer of the unified court system in 1992, shall be eligible to file a
 written request with the New York state and local employees'  retirement
 system,  within  one year of the effective date of this act, to purchase
 service credit with such system for the  period  of  time  the  member's
 employment  was suspended. Such member shall have at least five years of
 credited service, not including service credited  in  this  act,  to  be
 eligible  to  receive the credit authorized by this act. A member who is
 eligible to purchase service credit pursuant to this act shall pay  such
 retirement  system a sum equal to the product of the number of months of
 service being claimed and three percent of such member's annual rate  of
 pay  immediately  preceding  the  date  that the member's employment was
 suspended, plus five percent annual interest to the date such payment is
 paid. To be eligible to receive credit pursuant to this  act,  a  member
 shall  make application for such credit before his or her effective date
 of retirement.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09794-05-2
 S. 5964--A                          2

 
   § 2. Any additional costs for 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  any  member  of the New York State and Local
 Employees' Retirement System (ERS) who was suspended from employment  as
 a peace officer of the unified court system in 1991 due to certain econ-
 omy  measures,  and  who  subsequently  returned  to service in 1992, to
 purchase service credit with the ERS for the period of time the member's
 employment was suspended. To be  eligible  for  any  additional  service
 credit,  a  member must have accrued at least 5 years of service credit,
 not including service credited under  this  bill.  The  member  will  be
 required  to  pay  a sum equal to the product of the number of months of
 service being claimed and three percent of  their  annual  rate  of  pay
 immediately  preceding  the  date  their  employment was suspended, plus
 interest at 5% to the date of payment. This bill would not be consistent
 with New York State and  Local  Retirement  System  policy  of  granting
 service credit only when a salary has been paid.
   Insofar  as  it  would  affect the ERS, if this legislation is enacted
 during the 2022 legislative  session  it  is  estimated  that  the  past
 service  cost  will  average  approximately  18  percent  of an affected
 member's compensation for each year of additional service granted.  This
 cost will be borne entirely by the State of New York.
   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 December 21, 2022,  and  intended  for  use  only
 during  the  2022  Legislative  Session,  is  Fiscal  Note  No. 2022-29,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

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