S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7920
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT granting retroactive tier IV membership in the New York state and
   local employees' retirement system to Brian Zielinski
 
   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  the  law  to  the
 contrary,  Brian Zielinski, an employee of the New York state department
 of environmental conservation and a member of the  New  York  state  and
 local employees' retirement system, who was employed as a temporary food
 service  worker  with  the  New  York  state department of environmental
 conservation from June 11, 2005 until August 20, 2005, who  for  reasons
 not  ascribable to his own negligence, failed to become a member of such
 retirement system during such employment with the department of environ-
 mental conservation in 2005, shall be deemed to have joined the New York
 state and local employees' retirement system on the date June  11,  2005
 and shall be granted Tier IV status in such retirement system, if, with-
 in  one  year of the effective date of this act, he shall file a written
 request with the state comptroller.
   § 2. No contributions made to the New York state and local  employees'
 retirement  system  by  Brian Zielinski shall be returned or refunded to
 him pursuant to this act.
   § 3. All past service costs of implementing the provision of this  act
 shall be borne by the state of New York.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow Tier 4 status in the New York State and Local
 Employees' Retirement System to be granted to Brian Zielinski, a current
 Tier 5 member employed by the New York State Department of Environmental
 Conservation, by changing his date of membership to June 11, 2005. There
 will be no refund of member contributions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10563-02-1

 A. 7920                             2
 
   If this bill is enacted during the 2021 legislative session, we antic-
 ipate that there will be an increase  of  approximately  $2,400  in  the
 annual contributions of the State of New York for the fiscal year ending
 March  31,  2022.  In  future  years, this cost will vary as the billing
 rates and salary of Brian Zielinski change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $40,200 which will be
 borne by the State of New York as a one-time payment. This  estimate  is
 based on the assumption that payment will be made on March 1, 2022.
   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 April 2, 2021, and intended for use  only  during
 the  2021  Legislative Session, is Fiscal Note No. 2021-115, prepared by
 the Actuary for the New York State and Local Retirement System.