NY State Senate Bill 2021-S8823

Senate Bill S8823

2021-2022 Legislative Session

Grants retroactive Tier IV membership in the New York state and local employees' retirement system to Brian Stebbins

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
Apr 21, 2022	referred to civil service and pensions

2021-S8823 (ACTIVE) - Details

See Assembly Version of this Bill:: A9639
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2021-S8823 (ACTIVE) - Summary

Grants retroactive Tier IV membership in the New York state and local employees' retirement system to Brian Stebbins.

2021-S8823 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8823

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act granting retroactive Tier IV membership in the New York state and
local employees' retirement system to Brian Stebbins

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to grant Brain Stebbins retroactive tier
membership in Tier IV.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill deems Brian Stebbins a member of the retirement
system as of the date of his employment, on August 1, 2003, by the
village of Green Island, if on or before December 31, 2017 he shall file
an application therefore with the state comptroller. Upon the receipt of
such an application, Brian Stebbins shall be granted Tier IV status in
the New York state local employees' retirement system and be made eligi-
ble for all the rights and benefits thereof.

Section two provides that all past service costs will be borne by the
village of Green Island.

Section three provides for an immediate effective date.

 
JUSTIFICATION:

Brian Stebbins should be reinstated into Tier IV based upon his member-
ship application in the New York state and local employees' retirement
system, which was filed on August 1, 2003. This bill addresses concerns
raised .in the veto message, and reinforces evidence provided by the
village of Green Island, that due to an administrative error and for
reasons not ascribable to his own negligence, the application was not
processed until March 15, 2012, therefore incorrectly placing him in
Tier V.

 
PRIOR LEGISLATIVE HISTORY:

A7918/ S 6449 of 2017 : VETO MEMO .201

A.6939/S.4755 of 2015; VETOED MEMO .216

A.9236/S6936 of 2014; VETOED MEMO .549

A.7458-A/S.5564-A of 2013; VETOED MEMO .230

A.10728-A/S.7799 of 2012; Passed Assembly, Referred to Senate Rules

 
FISCAL IMPLICATIONS:

There is an immediate past service cost of approximately $11,000 which
will be borne by the village of Green Island.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8823 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8823
 
                             I N  S E N A T E
 
                              April 21, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive Tier IV membership in the New York state and
   local employees' retirement system to Brian Stebbins
 
   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, Brian Stebbins,
 a  member  of the New York state and local employees' retirement system,
 who was employed on August 1, 2003, by the village of Green Island,  and
 who  filed  a  membership  application in such system on August 1, 2003,
 which should have given him Tier IV status but for reasons not  ascriba-
 ble to his own negligence and due to an administrative error, the appli-
 cation was not processed in the usual manner and therefore not processed
 until  March  15, 2012, may be deemed to have become a member of the New
 York state and local employees' retirement system on August 1, 2003,  if
 on  or  before  December  31, 2022 he shall file an application therefor
 with the state comptroller. Upon the receipt of such application,  Brian
 Stebbins shall be granted Tier IV status in the New York state and local
 employees'  retirement  system  and  be  eligible for all the rights and
 benefits thereof. No contributions made to the New York state and  local
 employees'  retirement system by Brian Stebbins shall be returned to him
 pursuant to this act.
   § 2. Any past service costs incurred in implementing the provisions of
 this act shall be borne by the village of Green Island.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would grant Tier 4 status in the New York  State  and  Local
 Employees'  Retirement  System  to  Brian  M. Stebbins, a current Tier 5
 member employed by the State of  New  York,  by  changing  his  date  of
 membership  to  August  1,  2003,  the first date he was employed by the
 Village of Green Island.
   If this legislation is enacted during the 2022 legislative session, we
 anticipate that there will be an increase of approximately $1,800 in the
 annual contributions of the State of New York for the fiscal year ending
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14604-02-2
 S. 8823                             2
 
 March 31, 2023. In future years, this cost  will  vary  as  the  billing
 rates and salary of Brian M. Stebbins change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $51,900 which will be
 borne by the Village of Green Island as a one-time payment.  This  esti-
 mate is based on the assumption that payment will be made on February 1,
 2023.
   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 17, 2022, and intended for use only  during
 the  2022  Legislative  Session, is Fiscal Note No. 2022-96, prepared by
 the Actuary for the New York State and Local Retirement System.

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