NY State Senate Bill 2021-S5108

Senate Bill S5108

2021-2022 Legislative Session

Authorizes Anthony A. Fede Tier I status in the New York state and local employees' retirement system

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Feb 23, 2021	referred to civil service and pensions

2021-S5108 (ACTIVE) - Details

See Assembly Version of this Bill:: A6456
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6315
2019-2020: S3442, A9923
2023-2024: A6323

2021-S5108 (ACTIVE) - Summary

Authorizes Anthony A. Fede Tier I status in the New York state and local employees' retirement system.

2021-S5108 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5108

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to authorize Anthony A. Fede Tier I status in the New York state
and local employees' retirement system

 
PURPOSE:

Relates to authorizing Anthony A. Fede Tier I status in the New York
state and local employees' retirement system.

 
SUMMARY OF PROVISIONS:

Section 1. contains the information on Mr. Anthony A. Fede's eligibility
to be deemed to have become a member of the New York state and local
employees' retirement system as of March 17, 1970; and shall have Tier I
status, if no later than one year after the effective date of this act
he shall file a written request with the state comptroller. Upon receipt
of the request, the benefit will be calculated and payment shall be made

retroactive to the date of his retirement.

Section 2. states that no contributions made to the New York state and
local employees' retirement system shall be returned or refunded to
Anthony A. Fede pursuant to this act.

Section 3. states that all past services costs associated with the
implementation of this act shall be borne by all participating employers
in the New York State and local employees' retirement system.

Section 4. is the enacting clause.

 
JUSTIFICATION:

At the request of Mr. Fede, who was first eligible to join the public
retirement system as of March 17, 1970 and who was employed by the Sewa-
nhaka Central High School District from March 17, 1970 to August 10,1973
and who for reasons not ascribable to his own negligence was not
afforded the opportunity to join the New York state and local employees'
retirement system with Tier I status.

 
FISCAL IMPLICATIONS:

The Office of the New York State Comptroller, Employees' Retirement
System has calculated an estimate which is included within this legis-
lation. If this legislation is enacted during the 2021 Legislative
session, there will be an immediate past service cost of approximately
$169,000. The State of New York and the participating employers in the
ERS would share these costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.  NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate
Rule VI. Sec 1

2021-S5108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5108
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize Anthony A. Fede Tier I status in 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,  Anthony  A.
 Fede,  who  is  currently retired and who was first eligible to join the
 public retirement system as of March 17, 1970 and who  was  employed  by
 the Sewanhaka Central High School District from March 17, 1970 to August
 10,  1973  and  who for reasons not ascribable to his own negligence was
 not afforded the opportunity to  join  the  New  York  state  and  local
 employees' retirement system with Tier I status, shall be deemed to have
 become  a  member  of the New York state and local employees' retirement
 system as of March 17, 1970; and shall have Tier I status, if, no  later
 than one year after the effective date of this act he shall file a writ-
 ten  request  with  the state comptroller. Upon receipt of such request,
 the retirement benefit shall be calculated and  payment  shall  be  made
 retroactive to his date of retirement.
   §  2. No contributions made to the New York state and local employees'
 retirement system shall be returned  or  refunded  to  Anthony  A.  Fede
 pursuant to this act.
   § 3. All past service costs associated with the implementation of this
 act  shall be borne by all participating employers in the New York state
 and local employees' retirement system.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill will grant Tier 1 status in the New  York  State  and  Local
 Employees'  Retirement System (ERS) to Anthony A. Fede, a retired Tier 4
 member, by changing his date of membership to March 17, 1970, his  first
 date  of  employment with Sewanhaka Central School District. The retire-

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

                                                            LBD03566-02-1

 S. 5108                             2
 
 ment benefit will be recalculated and payment will be  made  retroactive
 to  his  date  of retirement. There will be no refund of member contrib-
 utions.
   If  this  bill  is  enacted during the 2021 legislative session, there
 will be an immediate past service cost of approximately  $169,000.  This
 cost  would  be  shared  by  the State of New York and the participating
 employers in the ERS.
   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  February  19,  2021, and intended for use only
 during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-82,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.