Grants retroactive tier IV membership in the New York state and local employees' retirement system to Sarah Fish.

Sponsor: VALESKY / Committee: GOVERNMENTAL EMPLOYEES
Law Section: Retirement

S4767A-2011 Actions

Jun 21, 2012: referred to governmental employees
Jun 21, 2012: DELIVERED TO ASSEMBLY
Jun 21, 2012: PASSED SENATE
Jun 21, 2012: HOME RULE REQUEST
May 16, 2012: ADVANCED TO THIRD READING
May 15, 2012: 2ND REPORT CAL.
May 14, 2012: 1ST REPORT CAL.746
Apr 13, 2012: PRINT NUMBER 4767A
Apr 13, 2012: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
Apr 20, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S4767A-2011 Meetings

Civil Service and Pensions: May 14, 2012

S4767A-2011 Calendars

S4767A-2011 Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 14, 2012

Ayes (10): Golden, Fuschillo, Hannon, Lanza, Little, Martins, Addabbo, Dilan, Savino, Serrano
Ayes W/R (2): O'Mara, Perkins

VOTE: FLOOR VOTE: - Jun 21, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley

S4767A-2011 Memo

BILL NUMBER:S4767A

TITLE OF BILL:
An act
granting retroactive tier IV membership in the New York state and local
employees' retirement system to Sarah Fish

PURPOSE:
This bill would grant Sarah Fish retroactive tier IV membership in the
New York state and local employees' retirement system.

SUMMARY OF PROVISIONS:
Section 1 of this bill changes Ms. Fish's effective membership date in
the New York state and local employees' retirement system from
January 4, 2010 to December 28, 2009 so she may be correctly placed
in the Tier IV retirement group. She shall file with the state
comptroller a written request to this effect, upon the granting of
such retroactive membership, Sarah Fish will not be granted a refund
of any employee contribution made by her to the system.

Section 2 describes who is responsible for any past cost incurred in
implementing the provisions of this act.

Section 3 states this bill shall take effect immediately.

JUSTIFICATION:
Sarah Fish, began working as a staff social worker for the County of
Madison on December 28, 2009, which would have entitled her to Tier
IV membership in the New York state and local employees' retirement
system.
However, Ms. Fish's application to the New York state and local
employees' retirement system was not stamped "received" by Madison
County Personnel until January 4, 2010, despite the fact it was
notarized on December 28, 2009.

Madison County personnel has acknowledged the lapse, attributing it to
an over sight on their part. However, as a result, Ms. Fish was
placed in the fifth tier instead of the fourth tier of the New York
state and local employees' retirement system. The late filing was due
to a clerical error on the part of Madison County and not due to an
error on the part of Ms. Fish. She should not be penalized for the
"late" filing.

This bill, if enacted into law would correct the mistake by allowing
Sarah Fish to file for retroactive membership in the New York State
and Local Employees' retirement system as of December 28, 2009, the
actual start day of her employment with Madison County.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
See fiscal note.

LOCAL FISCAL IMPLICATIONS:
See fiscal note.


EFFECTIVE DATE:
This act shall take effect immediately.

S4767A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4767--A
 2011-2012 Regular Sessions
 I N  SENATE
 April 20, 2011
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Civil Service and Pensions
 -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
 accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee
 

AN ACT granting retroactive tier IV membership in the New York state and
 local employees' retirement system to Sarah Fish
 

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, Sarah  Fish,  a
 member of the New York state and local employees' retirement system, who
 was employed as a staff social worker on December 28, 2009, by the coun
 ty of Madison, for reasons not ascribable to her own negligence, did not
 file  a  membership  application  in  such system until January 4, 2010,
 which gave her Tier V status instead of Tier IV status, where she  would
 have  been  had  she been able to file a membership application when she
 became a permanent employee on December 28, 2009 may be deemed  to  have
 become  a  member  of the New York state and local employees' retirement
 system December 28, 2009 if on or before December  31,  2012  she  shall
 file  with  the state comptroller a written request to that effect. Upon
 the granting of such retroactive membership, Sarah  Fish  shall  not  be
 granted  a  refund  of  any employee contribution made by her to the New
 York state and local employees' retirement system.
 

S 2. Any past service costs incurred in implementing the provisions of
 this act shall be borne by Madison county.
 

S 3. This act shall take effect immediately.
 FISCAL NOTE.--Pursuant to Legislative Law,

Section 50:

 This bill would grant Tier 4 membership in  the  New  York  State  and
 Local Employees' Retirement System to Sarah Fish by changing her date of
 membership to December 28, 2009. She currently is a Tier 5 member.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10332-07-2
        S. 4767--A                          2
 If  this bill is enacted, we anticipate that there will be an increase
 in the annual contributions of Madison County for the fiscal year ending
 March 31, 2013 of approximately $1,900.
 In addition to the annual contributions discussed above, there will be
 a one-time past service cost of approximately $1,650 which will be borne
 by Madison County, assuming a payment date of February 1, 2013.
 Summary of relevant resources:

 Data:  March  31,  2011  Actuarial Year End File with distributions of
 membership and other statistics displayed in  the  2011  Report  of  the
 Actuary and 2011 Comprehensive Annual Financial Report.
 Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp
 troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
 State of New York; Audit and Control.
 Market  Assets and GASB Disclosures: March 31, 2011 New York State and
 Local Retirement System Financial Statements and Supplementary  Informa
 tion.
 Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
 the 2011 Actuarial Valuations report.
 I am a member of the American Academy of Actuaries and meet the Quali
 fication Standards to render the actuarial opinion contained herein.
 This estimate, dated April 13, 2012, and intended for use only  during
 the  2012  Legislative Session, is Fiscal Note No. 2012-131, prepared by
 the Actuary for the New  York  State  and  Local  Employees'  Retirement
 System.

S4767A-2011: Grants retroactive tier IV membership in the New York state and local employees' retirement system to Sarah Fish