NY State Senate Bill 2021-S9331

Senate Bill S9331

2021-2022 Legislative Session

Relates to granting retroactive tier II membership in the NY state and local police and fire retirement system for Giuseppe T. Rosini

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
May 17, 2022	referred to civil service and pensions

2021-S9331 (ACTIVE) - Details

See Assembly Version of this Bill:: A10316
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2023-2024 Legislative Session:: S9078

2021-S9331 (ACTIVE) - Summary

Relates to granting retroactive Tier II membership in the New York state and local police and fire retirement system for Giuseppe T. Rosini.

2021-S9331 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9331

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act granting retroactive Tier II membership in the New York state and
local police and fire retirement system to Giuseppe T. Rosini

 
PURPOSE:

This bill would grant Giuseppe T. Rosini retroactive tier II membership
in the New York State and Local Police and Fire Retirement System.

 
SUMMARY OF PROVISIONS:

Section 1 changes Giuseppe T. Rosini's effective membership date in the
New York State and Local Police and Fire Retirement System from December
15, 2014 to October 25, 2004 so that he may be placed in the Tier II
retirement group. He shall file with the state comptroller a written
request to this effect and, upon granting of such retroactive member-
ship, Mr. Rosini shall receive a refund of any employee contribution
made by him to the system.

Section 2 describes who is responsible for any past cost incurred in
implementing the provisions of this act.

Section 3 provides the effective date.

 
JUSTIFICATION:

Giuseppe T. Rosini commenced employment in the Wading River Fire
District on October 25, 20014, which should have entitled him to Tier II
membership in the New York State and Local Police and Fire Retirement
System. However, due to a clerical error made by the Wading River Fire
District, Mr. Rosini was not entered in the retirement system until
December 15, 2014, granting him. Tier VI membership and he should not be
penalized for the clerical error.

This bill would correct the mistake by allowing Giuseppe T. Rosino to
file for retroactive membership in the New York State and Local Police
and Fire Retirement System as of October 25, 2004, the actual day of his
employment.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

See fiscal note

 
EFFECTIVE DATE:
Immediately

2021-S9331 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9331
 
                             I N  S E N A T E
 
                               May 17, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive Tier II membership in the New York state and
   local police and fire retirement system to Giuseppe T. Rosini
 
   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, Giuseppe T.
 Rosini, a member of the New York state and local police and fire retire-
 ment system, who was employed in October 2004, by the Wading River  Fire
 District, who, for reasons not ascribable to his own negligence, did not
 file a membership application in the New York state and local police and
 fire  retirement  system,  and  did  not become a member of the New York
 state and local police and fire retirement  system  until  December  15,
 2014,  which gave him Tier VI status instead of Tier II status, where he
 would have been had he been able to file a membership  application  when
 he  became  an  employee  in October 2004 may be deemed to have become a
 member of the New York state and local police and fire retirement system
 on October 25, 2004 if, within one year of the effective  date  of  this
 act,  he shall file with the state comptroller a written request to that
 effect. Upon the granting of such retroactive  membership,  Giuseppe  T.
 Rosini  shall  not be granted a refund of any employee contribution made
 by him to the New York  state  and  local  police  and  fire  retirement
 system.
   § 2. All past service costs associated with the implementation of this
 act shall be borne by the Wading River Fire District.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant Tier 2 status in the New York State and Local
 Police and Fire Retirement System (NYSLPFRS) for Giuseppe T.  Rosini,  a
 current Tier 6 member of the NYSLPFRS employed by the Town of Riverhead,
 by  changing  his  date  of  membership to October 25, 2004. Giuseppe T.
 Rosini was previously employed by the  Wading  River  Fire  District,  a
 participating  employer  in  the  New  York  State  and Local Employees'
 Retirement System, beginning October 2004. There will be  no  refund  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14593-04-2
 S. 9331                             2
 
 member contributions. All past service costs will be borne by the Wading
 River Fire District.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate  that  there  will  be an increase of approximately $17,000 in the
 annual contributions of the Town of Riverhead for the fiscal year ending
 March 31, 2023. In future years, this cost  will  vary  as  the  billing
 rates and salary of Giuseppe T. Rosini change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $15,200 which will be
 borne by the Wading River Fire District  as  a  one-time  payment.  This
 estimate  is based on the assumption that payment will be made on Febru-
 ary 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 April 25, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No.  2022-81,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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