Bill S2587-2013

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

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

Details

Actions

  • Jun 13, 2013: SUBSTITUTED BY A2888
  • Mar 6, 2013: ADVANCED TO THIRD READING
  • Mar 5, 2013: 2ND REPORT CAL.
  • Mar 4, 2013: 1ST REPORT CAL.149
  • Jan 22, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Mar 4, 2013
Ayes (9): Golden, Fuschillo, Lanza, Martins, Ritchie, Savino, Sanders, Addabbo, Dilan
Ayes W/R (2): Hannon, Perkins

Memo

BILL NUMBER:S2587

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 hex 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: S4767A/ A 7250-A of 2011-2012

FISCAL IMPLICATIONS: See fiscal note.

LOCAL FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 2587 A. 2888 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 22, 2013 ___________
IN SENATE -- Introduced by Sen. VALESKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Civil Service and Pensions IN ASSEMBLY -- Introduced by M. of A. MAGEE -- read once and referred to the Committee on Governmental Employees 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, 2013 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.--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.

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