NY State Senate Bill 2023-S7468

Senate Bill S7468

Signed By Governor

2023-2024 Legislative Session

Authorizes Tier IV status in the New York state and local employees' retirement system for Marc Del Prado

download bill text pdf

Current 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
Nov 17, 2023	signed chap.670
Nov 13, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.783 substituted for a7616
Jun 05, 2023	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1599 committee discharged and committed to rules
May 30, 2023	referred to civil service and pensions

Votes

- Jun 5, 2023 - Floor Vote
  S7468
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 5, 2023 - Rules Committee Vote
  S7468
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

2023-S7468 (ACTIVE) - Details

See Assembly Version of this Bill:: A7616
Law Section:: Retirement

2023-S7468 (ACTIVE) - Summary

Authorizes Tier IV status in the New York state and local employees' retirement system for Marc Del Prado.

2023-S7468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7468

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act in relation to authorizing Tier IV status in the New York state
and local employees' retirement system for Marc Del Prado

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides authorization to Marc Del Prado, an employee with the New York
state justice center for the protection of people with special needs, to
change his date of membership with the NYS and Local Employees' Retire-
ment System.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes Marc Del Prado to apply for retroactive
membership in the New York State and Local Employees' Retirement System
with an effective date of August 2, 2004 and

Section 2 states that that no contributions made to the retirement

system shall be returned or refunded.

Section 3 states that all past service cost of implementing the
provision of this act shall be borne by the State of New York.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Marc Del Prado was employed by the Mohonasen School District as a Life-
guard and Water Safety Instructor from August 2004 until September 2009.
Additionally he worked as a coach for the Mohonasen School District for
three seasons between November 2011 and November 2013. He was eligible
for the pension system, but through no fault of his own, did not join at
that time, and instead was incorrectly submitted as joining the Teachers
Retirement System (TRS) instead of the Employees Retirement System
(ERS). 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 2004. Mr. Del Prado was not
made aware of the district's mistake at the time. Mr. Del Prado is
currently employed by the New York State Justice Center for People with
Special Needs.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Fiscal note attached.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7468
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT in relation to authorizing Tier IV status in the New  York  state
   and local employees' retirement system for Marc Del Prado
 
   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,  Marc  Del  Prado,  an  employee of the New York state justice
 center for the protection of people with special needs and a  member  of
 the  New  York  state  and  local  employees' retirement system, who was
 employed as a lifeguard with the Mohonasen Central School District  from
 August  2, 2004 until September 29, 2009, as well as a coach for periods
 between November 7, 2011 and  November  7,  2013  who  for  reasons  not
 ascribable  to  his  own  negligence,  failed to become a member of such
 retirement system during such  employment  with  the  Mohonasen  Central
 School  District  in  2004,  shall be deemed to have joined the New York
 state and local employees' retirement system on the date August 2,  2004
 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 Marc Del Prado 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 grant retroactive Tier 4 status in the New York  State
 and Local Employees' Retirement System to Marc Del Prado, a current Tier
 6  member  employed  by  the  New  York  State  Justice  Center  for the
 Protection of People with Special  Needs,  by  changing  their  date  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11286-02-3

 S. 7468                             2
 
 membership to August 2, 2004. There will be no refund of member contrib-
 utions.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $4,400 in the
 annual contributions of the State of New York for the fiscal year ending
 March 31, 2024. In future years, this cost  will  vary  as  the  billing
 rates and salary of Marc Del Prado change.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past  service cost of approximately $63,700 which will be
 borne by the State of New York as a one-time  payment.    This  estimate
 assumes that payment will be made on March 1, 2024.
   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 18, 2023, and intended for  use  only  during
 the  2023  Legislative Session, is Fiscal Note No. 2023-165, prepared by
 the Actuary for the New York State and Local Retirement System.

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