NY State Senate Bill 2021-S6585

Senate Bill S6585

Signed By Governor

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2021	signed chap.816
Dec 17, 2021	delivered to governor
Jun 09, 2021	returned to senate passed assembly ordered to third reading rules cal.693 substituted for a7920
Jun 03, 2021	referred to governmental employees delivered to assembly passed senate
Jun 01, 2021	ordered to third reading cal.1398 committee discharged and committed to rules
May 07, 2021	referred to civil service and pensions

Votes

- Jun 3, 2021 - Floor Vote
  S6585
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2021 - Rules Committee Vote
  S6585
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

2021-S6585 (ACTIVE) - Details

See Assembly Version of this Bill:: A7920
Law Section:: Retirement

2021-S6585 (ACTIVE) - Summary

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

2021-S6585 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6585

SPONSOR: RATH
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows Brian Zielinski, who failed to become a member of the New York
State and Local Employees Retirement System for reasons not ascribable
to his own negligence, and was employed by the New York State Department
of Environmental Conservation, to claim a benefit from his original
employment start date when he was an employee of the New York State
Department of Environmental Conservation.

 
SUMMARY OF PROVISIONS:

Section 1 allows Brian Zielinski to receive a benefit based on the total
service credit to which he was entitled at the time of his employment

start.

Section 2 requires that there shall be no refund of member benefits to
Brian Zielinski.

Section 3 requires that all costs associated with this act be borne by
the state of New York.

Section 4 contains the effective date.

 
JUSTIFICATION:

Brian Zielinski was employed by the New York State Department of Envi-
ronmental Conservation in June 2005. He was eligible the pension system,
but through no fault of his own, did not join at that time.  At the
time, he would have been eligible for entrance into Tier IV.  However,
as he was not provided with an application to apply for membership
pursuant to Section 45 of the Retirement and Social Security Law of
1986, he did not join the system in 2005. Had he entered the pension
system in 2005, he would be a member of Tier IV.  This bill allows him
to retroactively enter the pension tier that he was entitled to in 2005.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Refer to fiscal note on the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6585 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6585
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 7, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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 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

 S. 6585                             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.

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