S T A T E O F N E W Y O R K
________________________________________________________________________
4686
2025-2026 Regular Sessions
I N S E N A T E
February 11, 2025
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize Kim Bowers to receive certain service credit with
the New York state and local employees' retirement system
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, Kim Bowers, an employee of the Erie County Water Authority and
a member of the New York state and local employees' retirement system,
who for the period beginning January 1, 2006 and ending November 19,
2018, was employed as a member of the Zoning Board of Appeals with the
town of Orchard Park, and who, for reasons not ascribable to her own
negligence, failed to become a member of such retirement system during
such employment with the town of Orchard Park, shall be deemed to have
joined the New York state and local employees' retirement system on the
date January 1, 2006, if within one year of the effective date of this
act, she shall file a written request with the state comptroller.
§ 2. No contributions made to the New York state and local employees'
retirement system by Kim Bowers shall be returned or refunded to her
pursuant to this act.
§ 3. All past service costs of implementing the provisions of this
act shall be borne by the town of Orchard Park.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide Kim Bowers with a date of membership of Janu-
ary 1, 2006, their date of first employment with the Town of Orchard
Park, resulting in Tier 4 status in the New York State and Local Employ-
ees' Retirement System. Kim Bowers is currently a Tier 6 member employed
by both the Town of Orchard Park and the Erie County Water Authority.
There will be no refund of member contributions.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02864-02-5
S. 4686 2
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase of approximately $75 in the annual
contributions of the Town of Orchard Park and $8,000 in the annual
contributions of the Erie County Water Authority for the fiscal year
ending March 31, 2026. In future years this cost will vary as the bill-
ing rates and salary of Kim Bowers change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $13,500 which will be
borne by the Town of Orchard Park as a one-time payment. This estimate
assumes that payment will be made on February 1, 2026.
Summary of relevant resources:
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 February 7, 2025, and intended for use only
during the 2025 Legislative Session, is Fiscal Note No. 2025-28. As
Chief Actuary of the New York State and Local Retirement System, 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.