NY State Senate Bill 2023-S6912A

Senate Bill S6912A

2023-2024 Legislative Session

Authorizes Michael J. Cappiello to purchase service credit for service with the Long Island Railroad Company police department

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
Mar 06, 2024	print number 6912a
Mar 06, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
May 15, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S6912 - Details

See Assembly Version of this Bill:: A7260
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6302, A7217
2025-2026: S7340, A7813

2023-S6912 - Summary

Authorizes Michael J. Cappiello to purchase service credit for service with the Long Island Railroad Company police department prior to its merger with the MTA and the state retirement system.

2023-S6912 - Sponsor Memo

                                 
BILL NUMBER: S6912

SPONSOR: WEIK
 
TITLE OF BILL:

An act authorizing Michael J. Cappiello to purchase service credit for
service with the Long Island Railroad Company police department

 
PURPOSE:

To grant Michael J. Cappiello the ability to transfer up to three years
of service credit with the Long Island Railroad Company police depart-
ment to the State and Local police and fire retirement system.

 
SUMMARY OF PROVISIONS:

Section 1-Section 1 permits Mr. Cappiello the ability to transfer up to
three years of service credit with the Long Island Railroad Company
police department to the New York state and local police and fire
retirement system.

Section 2- provides that all past service costs shall be borne by the

State.

Section 3- sets forth an immediate effective date.

 
JUSTIFICATION:

Michael J. Cappiello was an officer of the Long Island Railroad Company
police department ("LIRRPD") for two and one-half years until 1995. At
that time, the LIRRPD was part of the Federal Railroad Retirement
System. After his employment with the LIRRPD, Mr.  Cappiello joined the
Suffolk County police department, which is part of the New York state
and local police and fire retirement system ("State System"), where he
has been employed continuously.

In 1998, the LIRRPD and the Metro North Railroad police departments were
consolidated into the MTA Police Retirement Program ("MTA Plan"). The
MTA Plan is a defined benefit pension plan that is not part of the State
System. In 2015, the Legislature passed a statute that permitted employ-
ees of the MTA Plan, i.e., LIRRPD employees employed on or after 1998,
to transfer their service time in the MTA Plan to the State System
(Chapter 533, Laws 2015). As Mr. Cappiello left the LIRRPD before 1998,
and was therefore never part of the MTA Plan, he was, and still is,
unable to transfer his LIRRPD time to the State System.

This legislation would permit Mr. Cappiello to transfer and credit up to
three years of service time in the LIRRPD to the State System.

 
LEGISLATIVE HISTORY:

2022: S6302A Passed Senate

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
Immediately.

2023-S6912 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6912
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 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 authorizing Michael J. Cappiello to purchase service  credit  for
   service with the Long Island Railroad Company police department

   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,  Michael  J.
 Cappiello,  a  former  member of the Long Island Railroad Company police
 department, shall be eligible to apply to purchase up to three years  of
 service  credit  for  such  employment with the New York state and local
 police and fire retirement system if, within one year of  the  effective
 date  of  this  act,  he shall (1) file a written request to that effect
 with such retirement system; and (2) shall pay to the New York state and
 local police and fire retirement system a sum equal to  the  product  of
 the  number  of years of service being claimed and three percent of such
 member's compensation  earned  during  the  twelve  months  of  credited
 service  immediately preceding the date that the member made application
 for credit pursuant to this section.
   § 2. All past service costs attributable to the implementation of this
 act shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow Michael J. Cappiello, a current  member  of  the
 New  York  State  and Local Police and Fire Retirement System (NYSLPFRS)
 employed by the County of Suffolk, the ability to purchase up  to  three
 years of service credit for employment as a police officer with the Long
 Island Railroad Company. Under current law, service with the Long Island
 Railroad  Company  must  be  credited in the Metropolitan Transportation
 Authority police retirement program before it can be transferred to  the
 NYSLPFRS. Michael J. Cappiello never became a member of the Metropolitan
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01252-02-3
 S. 6912                             2

 
 Transportation  Authority police retirement program and therefore has no
 service credit to transfer.
   If  this  bill  is  enacted during the 2023 legislative session, there
 will be an immediate past service cost  of  approximately  $181,000.  Of
 this  amount,  approximately  $13,500  will  be  borne  by the member to
 purchase the additional service. The remaining $167,500 will be borne by
 the State of New York as a one-time payment,  based  on  the  assumption
 that payment will be made on March 1, 2024.
   This  bill  will  not  increase the future annual contributions of the
 County of Suffolk.
   Summary of relevant resources:
   Membership data as of March 31, 2022 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2020,
 2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2022
 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  May 10, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No. 2023-149,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2023-S6912A (ACTIVE) - Details

See Assembly Version of this Bill:: A7260
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6302, A7217
2025-2026: S7340, A7813

2023-S6912A (ACTIVE) - Summary

Authorizes Michael J. Cappiello to purchase service credit for service with the Long Island Railroad Company police department prior to its merger with the MTA and the state retirement system.

2023-S6912A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6912A

SPONSOR: WEIK
 
TITLE OF BILL:

An act authorizing Michael J. Cappiello to purchase service credit for
service with the Long Island Railroad Company police department

 
PURPOSE:

To grant Michael J. Cappiello the ability to transfer up to three years
of service credit with the Long Island Railroad Company police depart-
ment to the State and Local police and fire retirement system.

 
SUMMARY OF PROVISIONS:

Section 1-Section 1 permits Mr. Cappiello the ability to transfer up to
three years of service credit with the Long Island Railroad Company
police department to the New York state and local police and fire
retirement system.

Section 2- provides that all past service costs shall be borne by the

State.

Section 3- sets forth an immediate effective date.

 
JUSTIFICATION:

Michael J. Cappiello was an officer of the Long Island Railroad Company
police department ("LIRRPD") for two and one-half years until 1995. At
that time, the LIRRPD was part of the Federal Railroad Retirement
System. After his employment with the LIRRPD, Mr.  Cappiello joined the
Suffolk County police department, which is part of the New York state
and local police and fire retirement system ("State System"), where he
has been employed continuously.

In 1998, the LIRRPD and the Metro North Railroad police departments were
consolidated into the MTA Police Retirement Program ("MTA Plan"). The
MTA Plan is a defined benefit pension plan that is not part of the State
System. In 2015, the Legislature passed a statute that permitted employ-
ees of the MTA Plan, i.e., LIRRPD employees employed on or after 1998,
to transfer their service time in the MTA Plan to the State System
(Chapter 533, Laws 2015). As Mr. Cappiello left the LIRRPD before 1998,
and was therefore never part of the MTA Plan, he was, and still is,
unable to transfer his LIRRPD time to the State System.

This legislation would permit Mr. Cappiello to transfer and credit up to
three years of service time in the LIRRPD to the State System.

 
LEGISLATIVE HISTORY:

2022: S6302A Passed Senate

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
Immediately.

2023-S6912A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6912--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 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  authorizing Michael J. Cappiello to purchase service credit for
   service with the Long Island Railroad Company police department
 
   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, Michael J.
 Cappiello, a former member of the Long Island  Railroad  Company  police
 department,  shall be eligible to apply to purchase up to three years of
 service credit for such employment with the New  York  state  and  local
 police  and  fire retirement system if, within one year of the effective
 date of this act, he shall (1) file a written  request  to  that  effect
 with such retirement system; and (2) shall pay to the New York state and
 local  police  and  fire retirement system a sum equal to the product of
 the number of years of service being claimed and three percent  of  such
 member's  compensation  earned  during  the  twelve  months  of credited
 service immediately preceding the date that the member made  application
 for credit pursuant to this section.
   § 2. All past service costs attributable to the implementation of this
 act shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow Michael J. Cappiello, a current member of the
 New York State and Local Police and Fire  Retirement  System  (NYSLPFRS)
 employed  by  the County of Suffolk, the ability to purchase up to three
 years of service credit for employment as a police officer with the Long
 Island Railroad Company. Under current law, service with the Long Island

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01252-03-4

 S. 6912--A                          2
 
 Railroad Company must be credited  in  the  Metropolitan  Transportation
 Authority  police retirement program before it can be transferred to the
 NYSLPFRS. Michael J. Cappiello never became a member of the Metropolitan
 Transportation  Authority police retirement program and therefore has no
 service credit to transfer.
   If this bill is enacted during the  2024  Legislative  Session,  there
 will  be  an  immediate  past service cost of approximately $172,000. Of
 this amount, approximately $14,000  will  be  borne  by  the  member  to
 purchase the additional service. The remaining $158,000 will be borne by
 the  State  of  New  York as a one-time payment, based on the assumption
 that payment will be made on March 1, 2025.
   This bill will not increase the future  annual  contributions  of  the
 County of Suffolk.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 March 4, 2024, and intended for use  only  during
 the  2024  Legislative  Session, is Fiscal Note No. 2024-77, prepared by
 the Actuary for the New York State and Local Retirement System.

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