NY State Senate Bill 2023-S5290A

Senate Bill S5290A

2023-2024 Legislative Session

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell

download bill text pdf

Current 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
Mar 28, 2024	print number 5290a
Mar 28, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
Mar 01, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S5290 - Details

See Assembly Version of this Bill:: A5110
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7541, A9612
2021-2022: S7289, A8072

2023-S5290 - Summary

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell.

2023-S5290 - Sponsor Memo

                                 
BILL NUMBER: S5290

SPONSOR: WEIK
 
TITLE OF BILL:

An act granting retroactive retirement membership in the New York state
teachers' retirement system to Eileen Saumell

 
PURPOSE:

To grant Eileen Saumell credit retroactive credit in the New York State
teachers' retirement system.

 
SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law, Eileen Saumell
who is currently working at the West Babylon school district and a
member of the New York state teachers' retirement system, who was
employed as a full-time employee of the Nassau County Demonstration
Project, a non-participating employer of the New York state public
retirement systems, with a start date of August 8, 1994 until August 27,
2004, and at that time a member of the United Jewish Appeal-Federation

of Jewish Philanthropies of New York, Inc.  Retirement Plan, could not
become a member of one of the New York state public retirement systems
on August 8, 1994, shall be granted service credit in the New York state
teachers' retirement system for her employment with the Nassau County
Demonstration Project for the period of August 8, 1994 until August 27,
2004, provided that an application is filed with the New York state
teachers' retirement system within one year from the effective date of
this act.

§ 2. Eileen Saumell shall not be entitled to receive any pension bene-
fits otherwise due to her by the United Jewish Appeal-Federation of
Jewish Philanthropies of New York, Inc. Retirement Plan, and no contrib-
utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
pies of New York, Inc. Retirement Plan by Eileen Saumell shall be
returned or refunded to her pursuant to this act.

§ 3. All past service costs associated with the implementation of this
act shall be borne by Nassau County.

§ 4. This act shall take effect immediately.

 
JUSTIFICATION:

Eileen Saumell has been unable to get credit for her time employed by
the Nassau County Demonstration Program because at the time she was a
member of the United Jewish Appeal Federation of Jewish Philanthropies
of New York retirement plan.

Current law prohibits membership in the New York State and Local Retire-
ment System for any person who is entitled to benefits by any other
retirement system fully or partially funded by the state. Under the law,
Ms. Saumell would need to surrender the membership with UJA in order to
join the NYSSLRS for the period of August 8, 1994 to August 27, 2004.
The New York State Comptroller had previously written to Ms. Saumell
that there was lawful way in which a participant could waive or surren-
der the vested benefit available from the UJA - Federation of New York
Retirement Plan.
 
PRIOR LEGISLATIVE HISTORY:

2022:S7289A Civil Service & Pensions

 
FISCAL IMPLICATIONS:

This bill would allow Eileen Saumell, an active member of the New York
State Teachers' Retirement System with Tier 4 status, to receive service
credit for the period August 8, 1994 until August 27, 2004 while she was
employed with the Nassau County Demonstration Project, a non-participat-
ing employer of the New York State public retirement systems. During Ms.
Saumell's employment with the Nassau County Demonstration Project, she
was a member of the United Jewish Appeal-Federation of Jewish Philan-
thropies of New York, Inc.  Retirement Plan and could not become a
member of one of the New York State public retirement systems. Contrib-
utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
pies of New York, Inc.  Retirement Plan by Ms. Saumell shall not be
returned or refunded to her pursuant to this bill. Ms. Saumell must file
a written request with the head of the New York State Teachers' Retire-
ment System within one year of the effective date of this bill.

The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $432,000. This cost would be
borne by the county of Nassau. Granting service credit for employment
with an organization that may potentially be considered a non-governmen-
tal or private employer could jeopardize the System's governmental plan
status and its exemption from ERISA which could result in the loss of
tax-qualified status. "Member data is from the System's most recent
actuarial valuation files, consisting of data provided by the employers
to the Retirement System. Data distributions and statistics can be found
in the System's Annual Report. System assets are as reported in the
System's financial statements and can also be found in the System's
Annual Report.  Actuarial assumptions and methods are provided in the
System's Actuarial Valuation Report.  The source of this estimate is
Fiscal Note 2023-9 dated February 27, 2023 prepared by the Office of the
Actuary of the New York State Teachers' Retirement System and is
intended for use only during the 2023 Legislative Session. I, Richard A.
Young, am the Chief Actuary for the New York State Teachers' Retirement
System. I am a member of the American Academy of Actuaries and I meet
the Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion contained herein."

 
EFFECTIVE DATE:
Immediately.

2023-S5290 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5290
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive retirement membership in the New York  state
   teachers' retirement system to Eileen Saumell
 
   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, Eileen  Saumell
 who  is  currently  working  at  the  West Babylon school district and a
 member of the New  York  state  teachers'  retirement  system,  who  was
 employed  as  a  full-time  employee  of the Nassau County Demonstration
 Project, a non-participating employer  of  the  New  York  state  public
 retirement systems, with a start date of August 8, 1994 until August 27,
 2004,  and  at that time a member of the United Jewish Appeal-Federation
 of Jewish Philanthropies of New York, Inc. Retirement  Plan,  could  not
 become  a  member of one of the New York state public retirement systems
 on August 8, 1994, shall be granted service credit in the New York state
 teachers' retirement system for her employment with  the  Nassau  County
 Demonstration  Project for the period of August 8, 1994 until August 27,
 2004, provided that an application is filed  with  the  New  York  state
 teachers'  retirement  system within one year from the effective date of
 this act.
   § 2. Eileen Saumell shall not be entitled to receive any pension bene-
 fits otherwise due to her by  the  United  Jewish  Appeal-Federation  of
 Jewish Philanthropies of New York, Inc. Retirement Plan, and no contrib-
 utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
 pies  of  New  York,  Inc.  Retirement  Plan  by Eileen Saumell shall be
 returned or refunded to her pursuant to this act.
   § 3. All past service costs associated with the implementation of this
 act shall be borne by Nassau County.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01258-02-3

 S. 5290                             2
 
   This bill would allow Eileen Saumell, an active member of the New York
 State Teachers' Retirement System with Tier 4 status, to receive service
 credit for the period August 8, 1994 until August 27, 2004 while she was
 employed with the Nassau County Demonstration Project, a non-participat-
 ing employer of the New York State public retirement systems. During Ms.
 Saumell's  employment with the  Nassau County Demonstration Project, she
 was a member of the United Jewish Appeal-Federation  of  Jewish  Philan-
 thropies of New York, Inc. Retirement Plan and could not become a member
 of  one  of  the New York State public retirement systems. Contributions
 made to the United Jewish Appeal-Federation of Jewish Philanthropies  of
 New  York,  Inc. Retirement Plan by Ms. Saumell shall not be returned or
 refunded to her pursuant to this bill. Ms. Saumell must file  a  written
 request  with the head of the New York State Teachers' Retirement System
 within  one year of the effective date of this bill.
   The cost of this benefit is equal to the increase in the present value
 of liabilities, which is estimated to be $432,000. This  cost  would  be
 borne  by  the  county of Nassau. Granting service credit for employment
 with an organization that may potentially be considered a non-governmen-
 tal or private employer could jeopardize the System's governmental  plan
 status  and  its  exemption from ERISA which could result in the loss of
 tax-qualified status.
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System.  Data distributions and statistics can be found in the  System's
 Annual  Report.  System assets are as reported in the System's financial
 statements and can also be found in the System's Annual Report. Actuari-
 al assumptions and methods are provided in the System's Actuarial  Valu-
 ation Report.
   The  source  of this estimate is Fiscal Note 2023-9 dated February 27,
 2023 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2023
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.

2023-S5290A (ACTIVE) - Details

See Assembly Version of this Bill:: A5110
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7541, A9612
2021-2022: S7289, A8072

2023-S5290A (ACTIVE) - Summary

Grants retroactive retirement membership in the New York state teachers' retirement system to Eileen Saumell.

2023-S5290A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5290A

SPONSOR: WEIK
 
TITLE OF BILL:

An act granting retroactive retirement membership in the New York state
teachers' retirement system to Eileen Saumell

 
PURPOSE:

To grant Eileen Saumell credit retroactive credit in the New York State
teachers' retirement system.

 
SUMMARY OF PROVISIONS:

Section 1. Notwithstanding any other provision of law, Eileen Saumell
who is currently working at the West Babylon school district and a
member of the New York state teachers' retirement system, who was
employed as a full-time employee of the Nassau County Demonstration
Project, a non-participating employer of the New York state public
retirement systems, with a start date of August 8, 1994 until August 27,
2004, and at that time a member of the United Jewish Appeal-Federation

of Jewish Philanthropies of New York, Inc.  Retirement Plan, could not
become a member of one of the New York state public retirement systems
on August 8, 1994, shall be granted service credit in the New York state
teachers' retirement system for her employment with the Nassau County
Demonstration Project for the period of August 8, 1994 until August 27,
2004, provided that an application is filed with the New York state
teachers' retirement system within one year from the effective date of
this act.

§ 2. Eileen Saumell shall not be entitled to receive any pension bene-
fits otherwise due to her by the United Jewish Appeal-Federation of
Jewish Philanthropies of New York, Inc. Retirement Plan, and no contrib-
utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
pies of New York, Inc. Retirement Plan by Eileen Saumell shall be
returned or refunded to her pursuant to this act.

§ 3. All past service costs associated with the implementation of this
act shall be borne by Nassau County.

§ 4. This act shall take effect immediately.

 
JUSTIFICATION:

Eileen Saumell has been unable to get credit for her time employed by
the Nassau County Demonstration Program because at the time she was a
member of the United Jewish Appeal Federation of Jewish Philanthropies
of New York retirement plan.

Current law prohibits membership in the New York State and Local Retire-
ment System for any person who is entitled to benefits by any other
retirement system fully or partially funded by the state. Under the law,
Ms. Saumell would need to surrender the membership with UJA in order to
join the NYSSLRS for the period of August 8, 1994 to August 27, 2004.

The New York State Comptroller had previously written to Ms. Saumell
that there was lawful way in which a participant could waive or surren-

der the vested benefit available from the UJA - Federation of New York
Retirement Plan.

 
PRIOR LEGISLATIVE HISTORY:

2022: S7289A Civil Service & Pensions

 
FISCAL IMPLICATIONS:

See Fiscal Note

 
EFFECTIVE DATE:
Immediately.

2023-S5290A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5290--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT granting retroactive retirement membership in the New York state
   teachers' retirement system to Eileen Saumell
 
   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, Eileen Saumell
 who is currently working at the  West  Babylon  school  district  and  a
 member  of  the  New  York  state  teachers'  retirement system, who was
 employed as a full-time employee  of  the  Nassau  County  Demonstration
 Project,  a  non-participating  employer  of  the  New York state public
 retirement systems, with a start date of August 8, 1994 until August 27,
 2004, and at that time a member of the United  Jewish  Appeal-Federation
 of  Jewish  Philanthropies  of New York, Inc. Retirement Plan, could not
 become a member of one of the New York state public  retirement  systems
 on August 8, 1994, shall be granted service credit in the New York state
 teachers'  retirement  system  for her employment with the Nassau County
 Demonstration Project for the period of August 8, 1994 until August  27,
 2004,  provided  that  an  application  is filed with the New York state
 teachers' retirement system within one year from the effective  date  of
 this act.
   § 2. Eileen Saumell shall not be entitled to receive any pension bene-
 fits  otherwise  due  to  her  by the United Jewish Appeal-Federation of
 Jewish Philanthropies of New York, Inc. Retirement Plan, and no contrib-
 utions made to the United Jewish Appeal-Federation of Jewish Philanthro-
 pies of New York, Inc.  Retirement  Plan  by  Eileen  Saumell  shall  be
 returned or refunded to her pursuant to this act.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01258-03-4

 S. 5290--A                          2
 
   § 3. All past service costs associated with the implementation of this
 act shall be borne by Nassau County.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow Eileen Saumell, an active member of the New York
 State Teachers' Retirement System with Tier 4 status, to receive service
 credit for the period August 8, 1994 until August 27, 2004 while she was
 employed with the Nassau County Demonstration Project, a non-participat-
 ing employer of the New York State public retirement systems. During Ms.
 Saumell's  employment  with the Nassau County Demonstration Project, she
 was a member of the United Jewish Appeal-Federation  of  Jewish  Philan-
 thropies of New York, Inc. Retirement Plan and could not become a member
 of  one  of  the New York State public retirement systems. Contributions
 made to the United Jewish Appeal-Federation of Jewish Philanthropies  of
 New  York,  Inc. Retirement Plan by Ms. Saumell shall not be returned or
 refunded to her pursuant to this bill. Ms. Saumell must file  a  written
 request  with the head of the New York State Teachers' Retirement System
 within one year of the effective date of this bill.
   The cost of this benefit is equal to the increase in the present value
 of liabilities, which is estimated to be $463,000. This  cost  would  be
 borne  by  the  county of Nassau. Granting service credit for employment
 with an organization that may potentially be considered a non-governmen-
 tal or private employer could jeopardize the System's governmental  plan
 status  and  its  exemption from ERISA which could result in the loss of
 tax-qualified status.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2023, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2023. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods are  provided  in  the  System's  Actuarial  Valuation
 Report as of June 30, 2023.
   The  source  of this estimate is Fiscal Note 2024-14 dated February 8,
 2024 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2024
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.

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