NY State Assembly Bill 2013-A9593A

Assembly Bill A9593A

2013-2014 Legislative Session

Relates to allowing members of the NYSLPFRS to receive credit for service rendered with Metro-North, the L.I. Railroad or MTA

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2014	ordered to third reading rules cal.479 rules report cal.479
Jun 18, 2014	reported reported referred to rules
Jun 17, 2014	print number 9593a
Jun 17, 2014	amend (t) and recommit to ways and means
Jun 12, 2014	reported referred to ways and means
May 09, 2014	referred to governmental employees

Bill Amendments

Original

A (Active)

co-Sponsors

2013-A9593 - Details

See Senate Version of this Bill:: S7256
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §343, R & SS L
Versions Introduced in 2015-2016 Legislative Session:: A7547, S5785

2013-A9593 - Summary

Allows any police officer who was employed by the Metropolitan Transportation Authority, the Long Island Railroad Company or the Metro-North Commuter Railroad Company and who is a member of the MTA police retirement program to transfer his or her membership to the New York State and Local Police and Fire Retirement System.

2013-A9593 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9593

                          I N  A S S E M B L Y

                               May 9, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  providing prior police service credit for police officers employed  by
  employers not participating in the New York state and local police and
  fire  retirement  system who are hired by the state or a participating
  employer in the New York state and local police  and  fire  retirement
  system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision b of section 341 of the retirement  and  social
security law is amended by adding a new paragraph 9 to read as follows:
  9.  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ANY
POLICE EMPLOYEE WHO HAD PRIOR POLICE SERVICE WITH THE METRO-NORTH COMMU-
TER RAILROAD COMPANY, THE LONG ISLAND RAILROAD COMPANY OR THE  METROPOL-
ITAN  TRANSPORTATION  AUTHORITY  SHALL  BE GIVEN CREDIT FOR SUCH SERVICE
WHEN HE OR SHE RENDERS AT LEAST TWO YEARS OF  MEMBER  SERVICE  WITH  THE
STATE OR ANY PARTICIPATING EMPLOYER.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would allow members of the New York State and Local Police
and Fire Retirement System (PFRS) to receive service credit for  service
rendered with the Metro-North Commuter Railroad Company, the Long Island
Railroad  Company  or  the  Metropolitan  Transportation Authority. Such
members must render at least two (2) years of service with a participat-
ing employer to receive credit for such service.
  The number of members who could be affected by this legislation cannot
be readily determined.
  If this bill is enacted, there would be a past service cost on  behalf
of  each member with such service, and would depend on the member's age,
credited service, plan, salary and the amount of the additional  service
credit  being  granted.  It is estimated that the past service cost will
average approximately 20% of an affected members' compensation for  each
such  year  of  additional  service.  This cost would be reduced  by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14284-02-4

A. 9593                             2

member contributions, which vary according to tier  coverage,  and  will
range between 0% to 6% of compensation. This cost would be shared by the
State of New York and all participating employers in the PFRS.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, and 2013 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, 2013
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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 March 17, 2014, and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-100,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.

co-Sponsors

2013-A9593A (ACTIVE) - Details

See Senate Version of this Bill:: S7256
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §343, R & SS L
Versions Introduced in 2015-2016 Legislative Session:: A7547, S5785

2013-A9593A (ACTIVE) - Summary

2013-A9593A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9593--A

                          I N  A S S E M B L Y

                               May 9, 2014
                               ___________

Introduced  by  M.  of A. ABBATE, MAYER -- read once and referred to the
  Committee on Governmental Employees -- reported and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  allowing  the  transfer  of  membership  in  the MTA police retirement
  program to the New York state and local  police  and  fire  retirement
  system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 343 of the retirement  and  social
security law, as amended by chapter 728 of the laws of 2006, the opening
paragraph  as  further amended by section 104 of part A of chapter 62 of
the laws of 2011, is amended to read as follows:
  a. Notwithstanding any other provision of law providing for transfers,
any member of any retirement system maintained by the state or a munici-
pality thereof, operating on a sound financial basis and subject to  the
supervision  of  the  department of financial services of this state may
transfer his or her membership pursuant to this section to the New  York
state and local employees' retirement system, the New York city board of
education  employees'  retirement  system,  the New York state teachers'
retirement system, the New York state and local police and fire  retire-
ment  system  or  to the New York city employees' retirement system. Any
member of the New York state and local police and fire retirement system
may transfer his or her membership to any retirement system, other  than
the  hospital retirement system, which is operating on a sound basis and
is subject to the supervision of the department of financial services of
this state. Any police officer employed by the metropolitan  transporta-
tion  authority who is a member of the MTA police twenty year retirement
program of the metropolitan  transportation  authority  defined  benefit
pension plan (hereinafter referred to in this section as the "MTA police
retirement  program") may transfer his or her membership in the New York
state and local police and fire retirement system and/or  the  New  York
city  police  pension  fund  to  the MTA police retirement program.  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14284-06-4

A. 9593--A                          2

POLICE OFFICER WHO  WAS  EMPLOYED  BY  THE  METROPOLITAN  TRANSPORTATION
AUTHORITY,  THE LONG ISLAND RAILROAD COMPANY OR THE METRO-NORTH COMMUTER
RAILROAD COMPANY AND WHO IS  A  MEMBER  OF  THE  MTA  POLICE  RETIREMENT
PROGRAM  MAY TRANSFER HIS OR HER MEMBERSHIP IN THE MTA POLICE RETIREMENT
PROGRAM TO THE NEW YORK STATE  AND  LOCAL  POLICE  AND  FIRE  RETIREMENT
SYSTEM. Any transfer pursuant to this section may be effectuated only if
the  member  has  accepted  a position in another branch of the state or
municipal service which would make it:
  1. Impossible for him or her to continue in the retirement  system  of
which he or she has been a member, and
  2. Possible for him or her to participate in another such system.
  Notwithstanding  the  foregoing  provisions  of  this subdivision, any
employee who would be eligible  to  avail  himself  or  herself  of  the
provisions of this section but for being on leave of absence status from
a  prior  employment  while  in  his or her present employment, shall be
permitted to transfer his or her retirement system  membership  pursuant
to the provisions of this section.
  S 2. Subdivision h of section 343 of the retirement and social securi-
ty  law,  as  amended  by chapter 728 of the laws of 2006, is amended to
read as follows:
  h. Notwithstanding any other provision of law to  the  contrary,  with
respect  to  transfers  pursuant to this section which occur on or after
the effective date of this subdivision, no determination  of  a  reserve
pursuant  to  subdivision c of this section or transfer thereof pursuant
to the first sentence of subdivision d of this section shall be required
in the case of any transfer pursuant  to  this  section  (other  than  a
transfer  from  the  New York state and local police and fire retirement
system to either (1) the New York city police department subchapter  two
pension  fund,  (2)  the  New  York  city fire department subchapter two
pension fund or (3) the MTA police retirement program or a transfer from
either (i) the New York city police department  subchapter  two  pension
fund  or  (ii)  the New York city fire department subchapter two pension
fund to either (A) the New York state and local police and fire  retire-
ment  system or (B) the MTA police retirement program OR A TRANSFER FROM
THE MTA POLICE RETIREMENT PROGRAM TO THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM).  For the purpose of giving the transferring
member such status and crediting such service in the  second  retirement
system  as  such  member  was  allowed in the first retirement system in
those cases to which this subdivision shall apply, the transfer shall be
deemed complete upon receipt by the second retirement system of:
  1. a statement from the first retirement system  of  the  transferring
member's date of membership in the first retirement system, tier status,
service  credited  to  such membership being transferred, and such other
information as the second retirement system may  require  to  effectuate
the transfer; and
  2.  such  member's accumulated contributions from the first retirement
system, if same had not been previously withdrawn, or  notice  from  the
first  retirement  system  that  such member had no accumulated contrib-
utions, or notice from the first retirement system  that  such  member's
accumulated contributions had been withdrawn and the amount thereof and,
as  applicable,  receipt  from  such member of such member's accumulated
contributions and interest.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would allow any police  officer  who  was  employed  by  the
Metropolitan  Transportation Authority, the Long Island Railroad Company

A. 9593--A                          3

or the Metro-North Commuter Railroad Company and who is a member of  the
MTA  police  retirement program to transfer his or her membership in the
MTA police retirement program to the New York State and Local Police and
Fire Retirement System (PFRS). Upon such transfer, the reserves from the
MTA police retirement program will be transferred to the PFRS.
  If  this  bill is enacted, we anticipate that there will be no cost to
the State of New York and the participating employers in the PFRS.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  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, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  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 June 16, 2014, and intended for use  only  during
the  2014  Legislative  Session, is Fiscal Note No. 2014-154 prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.

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Assembly Bill A9593A

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Sponsored By

ABBATE

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Shelley Mayer

2013-A9593 - Details

2013-A9593 - Summary

2013-A9593 - Bill Text download pdf

co-Sponsors

Shelley Mayer

2013-A9593A (ACTIVE) - Details

2013-A9593A (ACTIVE) - Summary

2013-A9593A (ACTIVE) - Bill Text download pdf

Comments