S2587-2013 - NY Senate Open Legislation - 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.

Sponsor: VALESKY
Law Section: Retirement

S2587-2013 Actions

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

S2587-2013 Meetings

Civil Service and Pensions: Mar 4, 2013

S2587-2013 Calendars

S2587-2013 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

S2587-2013 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.

S2587-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 2587                                                  A. 2888
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04739-02-3
        S. 2587                             2                            A. 2888
 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, 2014 of approximately $2,100.
 In addition to the annual contributions discussed above, there will be
 a one-time past service cost of approximately $2,590 which will be borne
 by Madison County, assuming a payment date of February 1, 2014.
 Summary of relevant resources:

 Data:  March  31,  2012  Actuarial Year End File with distributions of
 membership and other statistics displayed in  the  2012  Report  of  the
 Actuary and 2012 Comprehensive Annual Financial Report.
 Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
 Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
 State of New York: Audit and Control.
 Market Assets and GASB Disclosures: March 31, 2012 New York State  and
 Local  Retirement System Financial Statements and Supplementary Informa
 tion.
 Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
 the 2012 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  January  18,  2012,  and intended for use only
 during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-54,
 prepared  by  the  Actuary  for  the New York State and Local Employees'
 Retirement System.

S2587-2013: Grants retroactive tier IV membership in the New York state and local employees' retirement system to Sarah Fish