S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8152
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
   Committee on Governmental Employees
 
 AN ACT in relation to authorizing certain police officers in the town of
   Southold, county of Suffolk, to receive certain service  credit  under
   section 384-d of the retirement and social security law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provisions of law to the contrary,  the
 town  of Southold, in the county of Suffolk, a participating employer in
 the New York state and local police and  fire  retirement  system  which
 previously  elected  to  offer  the optional twenty year retirement plan
 pursuant to section 384-d of the retirement and social security  law  to
 police  officers  employed  by  such  town, is hereby authorized to make
 participation in such plan available to Frank Lyburd III, a police offi-
 cer employed by the town of Southold with a starting date of October 20,
 2003, who, for reasons not  ascribable  to  their  own  negligence,  was
 enrolled  in  the  general retirement plan contained in section 375-i of
 the retirement and social security law.  Frank Lyburd III may  elect  to
 be  covered by the provisions of sections 384-d and 384-e of the retire-
 ment and social security law and full credit shall be  granted  in  such
 plan  for  such  service upon election of the town of Southold to assume
 the additional cost of such service.
   § 2. Notwithstanding any provisions of law to the contrary,  the  town
 of  Southold,  in the county of Suffolk, a participating employer in the
 New York state and local police and fire retirement system which  previ-
 ously elected to offer the optional twenty year retirement plan pursuant
 to  section  384-d  of  the retirement and social security law to police
 officers employed by such town, is hereby  authorized  to  make  partic-
 ipation  in  such plan available to Brian McNamara, Peter J. Jacobs, and
 Roman S. Wilinski, police officers employed by the town of Southold with
 a starting date of November 1, 2004, who, for reasons not ascribable  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02110-04-5
              

 A. 8152                             2
 
 their  own  negligence,  were  enrolled  in  the general retirement plan
 contained in section 375-i of the retirement and  social  security  law.
 Brian  McNamara, Peter J. Jacobs, and Roman S.  Wilinski may elect to be
 covered  by the provisions of sections 384-d and 384-e of the retirement
 and social security law and full credit shall be granted  in  such  plan
 for  such  service  upon  election of the town of Southold to assume the
 additional cost of such service.
   § 3. Notwithstanding any provisions of law to the contrary,  the  town
 of  Southold,  in the county of Suffolk, a participating employer in the
 New York state and local police and fire retirement system which  previ-
 ously elected to offer the optional twenty year retirement plan pursuant
 to  section  384-d  of  the retirement and social security law to police
 officers employed by such town, is hereby  authorized  to  make  partic-
 ipation in such plan available to Alex U. Chenche and Tara T. Desposito,
 police officers employed by the town of Southold with a starting date of
 December  15,  2014, who, for reasons not ascribable to their own negli-
 gence, were enrolled in the general retirement plan contained in section
 375-i of the retirement and social security law.   Alex U.  Chenche  and
 Tara  T. Desposito may elect to be covered by the provisions of sections
 384-d and 384-e of the retirement and social security law and full cred-
 it shall be granted in such plan for such service upon election  of  the
 town of Southold to assume the additional cost of such service.
   §  4. The town of Southold may so elect by filing with the state comp-
 troller within six months of the effective date of this  act,  a  resol-
 ution  of  its  legislative  body, together with certification that such
 police officers did  not  bar  themselves  from  participation  in  such
 retirement  plan  as  a result of their own negligence. Thereafter, such
 police officers may elect to be covered by the  provisions  of  sections
 384-d  and 384-e of the retirement and social security law, and shall be
 entitled to full rights and benefits associated with coverage under such
 sections, by filing a request to this effect with the state  comptroller
 within one year of the effective date of this act.
   § 5. All costs associated with implementing the provisions of this act
 shall be borne by the town of Southold and may be amortized over a peri-
 od of five years.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow the Town of Southold to reopen the provisions of
 Section  384-d, together with §384-e, of the Retirement and Social Secu-
 rity Law for police officers Frank Lyburd III, Brian McNamara, Peter  J.
 Jacobs, Roman S. Wilinski, Alex U. Chenche, and Tara T. Desposito.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate  that  there  will be an increase of approximately $110,000 in the
 annual contributions of the Town of Southold for the fiscal year  ending
 March  31,  2026. In future years this cost will vary but is expected to
 average 9.1% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $1.45 million which will
 be borne by the Town of Southold as a one-time  payment.  This  estimate
 assumes  that  payment  will be made on February 1, 2026. If the Town of
 Southold elects to amortize this cost over a 5-year period, the cost for
 each year including interest would be $324,000.
   These estimated costs are based on six affected  members  employed  by
 the Town of Southold, with annual salary of approximately $849,000 as of
 March 31, 2024.
   Summary of relevant resources:
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   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 23, 2025, and intended for use only  during
 the  2025  Legislative  Session,  is  Fiscal Note No. 2025-163. As Chief
 Actuary of the New York State and  Local  Retirement  System,  I,  Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble  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.