Assembly Bill A11572

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11572
 
                           I N  A S S E M B L Y
 
                               June 3, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Santabar-
   bara) -- read once and  referred  to  the  Committee  on  Governmental
   Employees
 
 AN ACT in relation to granting retroactive tier II membership in the New
   York state and local police and fire retirement system to Jason Dutch-
   er
 
   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 to the contrary,
 Jason Dutcher, who is currently an employee of the New York state police
 and currently a Tier VI member of the New York state  and  local  police
 and  fire retirement system, and who was on the trooper candidate eligi-
 ble list to compete for a position in the December  2008  academy  class
 and  who  would have been eligible to enroll as a member in the New York
 state and local police and fire retirement system as a  Tier  II  status
 member  if he had joined the New York state police at such time, and who
 requested a deferment on September 10, 2008, and was granted such defer-
 ment on December 10, 2008, due to his service  with  the  United  States
 department  of  state  in Iraq from June 23, 2007 through June 22, 2010,
 and who, through no fault of his own, did not join the  New  York  state
 police  until  November  26,  2012  as a result of such service with the
 United States department of state and  a  state  police  hiring  freeze,
 shall  be granted a date of membership with the New York state and local
 police and fire retirement system of December 10, 2008  if,  within  one
 year  after  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 police  and
 fire retirement system by Jason Dutcher shall be returned or refunded to
 him pursuant to this act.
   §   3.  All  past  service  costs  associated  with  implementing  the
 provisions 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14417-04-6
              

 A. 11572                            2
 
   This bill would grant Tier 2 status in the New York  State  and  Local
 Police  and  Fire  Retirement  System to Jason Dutcher, a current Tier 6
 member employed by the Division of State Police, by changing their  date
 of membership to December 10, 2008, the date they were first eligible to
 compete  for  a  position in the state trooper academy. There will be no
 refund of member contributions.
   We estimate that the state of New  York's  annual  contributions  will
 increase $15,000 beginning FYE 2027. Annual costs will vary as the bill-
 ing rates and salary of Jason Dutcher change.
   In  addition,  there  will be an immediate past service cost of $2,610
 borne by the state of New York as a one-time payment. This cost  assumes
 that payment will be made on March 1, 2027.
   Summary of relevant resources:
   Membership data as of March 31, 2025 was used to measure the impact of
 the  bill, the same data used in the Actuarial Valuations dated April 1,
 2025. Distributions and other statistics can be found in the 2025 Report
 of the Actuary and the 2025 Annual Comprehensive Financial  Report.  The
 actuarial  assumptions and methods used are described in the 2025 Annual
 Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
 and Regulations of the State of New York: Audit and  Control.  The  fair
 value  of assets and GASB disclosures can be found in the 2025 Financial
 Statements and Supplementary Information.
   Assumptions, demographics, and  other  considerations  may  have  been
 modified  to  better reflect specific provisions of any proposed benefit
 change(s).
   This fiscal note does not constitute a legal opinion on the  viability
 of the bill, nor is it intended to serve as a substitute for the profes-
 sional judgment of an attorney.
   This  estimate,  dated  June 2, 2026, and intended for use only during
 the 2026 Legislative Session, is Fiscal Note Number 2026-225.  As  Chief
 Actuary  of  the New York State and Local Retirement System (NYSLRS), I,
 Aaron Schottin Young, hereby certify that this  analysis  complies  with
 applicable  Actuarial  Standards  of  Practice  as  well  as the Code of
 Professional Conduct and Qualification Standards for  Actuaries  Issuing
 Statements of Actuarial Opinion of the American Academy of Actuaries, of
 which  I  am  a  member.  I  am a member of NYSLRS but do not believe it
 impairs my objectivity.