S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8216
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting retroactive tier II membership in the New York state and
   local police and fire retirement system to Daniel Rizzo
 
   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,
 Daniel  Rizzo,  who was employed with Monroe county sheriff's office and
 who is currently a member of the New York state  and  local  police  and
 fire retirement system, who through no fault of his own did not become a
 member of the New York state and local police and fire retirement system
 on  October  19, 2009 when first employed by the Monroe county sheriff's
 office, shall be deemed to have been a member of the New York state  and
 local  police  and  fire retirement system on such date he commenced his
 employment and shall be granted Tier II status in  the  New  York  state
 police and fire retirement system, provided that an application is filed
 with the head of the New York state and local police and fire retirement
 system  within  one  year  from the effective date of this act. Upon the
 granting of such retroactive membership, Daniel Rizzo shall be granted a
 refund of any employee contribution made by him to the  New  York  state
 and  local  police  and fire retirement system which would not have been
 made had Tier II status been granted in the New  York  state  and  local
 police and fire retirement system on October 19, 2009.
   §  2.  All  past  services costs associated with the implementation of
 this act shall be borne by the state.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would provide Daniel Rizzo with  a  date  of  membership  of
 October  19, 2009, their date of first employment with the Monroe County
 Sheriff's Office, resulting in Tier 2 status in the New York  State  and
 Local  Police  and  Fire  Retirement System. Daniel Rizzo is currently a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11115-03-5
              

 S. 8216                             2
 
 Tier 5 member employed by the City of  Rochester.  Member  contributions
 will be refunded.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate  that  there  will  be  an increase of approximately $9,100 in the
 annual contributions of the City of Rochester for the fiscal year ending
 March 31, 2026. In future years this cost will vary as the billing rates
 and salary of Daniel Rizzo change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $56,500  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, 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 May 6, 2025, and intended for use only during the
 2025 Legislative Session, is Fiscal Note No. 2025-148. As Chief  Actuary
 of  the  New  York  State and Local Retirement System, I, Aaron Schottin
 Young, hereby certify that this analysis complies with applicable  Actu-
 arial  Standards of Practice as well as the Code of Professional Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.