S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8443
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize the county of Broome to  offer  an  optional  twenty
   year  retirement  plan  to  Joshua Quinn, a deputy sheriff employed by
   such county
 
   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 to the contrary,
 Joshua  Quinn, a member of the optional twenty-five year retirement plan
 for certain sheriffs,  undersheriffs,  deputy  sheriffs  and  correction
 officers  pursuant to section 89-m of the retirement and social security
 law, who was employed by Broome county as a corrections  officer  as  of
 February  2,  2015,  who was then promoted to deputy sheriff on March 3,
 2015, and who through no fault of his  own,  failed  to  file  a  timely
 application  to  participate  in the special twenty year retirement plan
 contained in section 552 of the retirement and social  security  law  at
 the  time  of his promotion to deputy sheriff resulting in the crediting
 of his service  with  the  county  of  Broome  in  the  retirement  plan
 contained in section 89-m of such law, shall be given full credit in the
 section  552  twenty  year  retirement plan for such service as a deputy
 sheriff upon the election of the county of Broome to  assume  the  addi-
 tional  cost  of  such  service  and his election to participate in such
 plan. The county of Broome may so elect within one year of the effective
 date of this act, by filing with the state comptroller a  resolution  of
 its  local legislative body together with certification that such member
 did not bar himself from participation in  such  retirement  plan  as  a
 result of his own negligence.
   §  2. Such deputy sheriff may elect to be covered by the provisions of
 section 552 of the retirement and social security law and shall be enti-
 tled to the full rights and benefits associated with coverage under such
 section by filing a request to that effect with  the  state  comptroller
 within eighteen months of the effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14584-03-2
 S. 8443                             2
              
             
                          
                 
   §  3.  All employer past service costs associated with the implementa-
 tion of this act shall be borne by Broome county, and may  be  amortized
 over a period of five years.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would allow Joshua Quinn, a current member of the New York
 State and Local Employees' Retirement System employed as a deputy  sher-
 iff  by  Broome  County and covered under the 25-year retirement plan of
 section 89-M of the Retirement and Social Security Law (RSSL), to  elect
 to be covered under the 20-year plan of section 552 of the RSSL.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $3,600 in the
 annual contributions of Broome County for the fiscal year  ending  March
 31,  2023. In future years, this cost will vary as the billing rates and
 salary of Joshua Quinn change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $44,500  which  will  be
 borne  by Broome County as a one-time payment. This estimate is based on
 the assumption that payment will be made on February 1, 2023. If  Broome
 County  elects  to amortize this cost over a 5-year period, the cost for
 the first year including interest would be $9,940.
   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  February  18,  2022, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-80,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.