Bill S3760A-2013

Allows the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach

Allows the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach and extends the time in which the administrator of his estate may apply to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo.

Details

Actions

  • Jun 18, 2014: SUBSTITUTED BY A4986A
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1531
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 25, 2014: PRINT NUMBER 3760A
  • Feb 25, 2014: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Feb 14, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Gianaris
Ayes W/R (1): Little
Excused (1): Espaillat

Memo

BILL NUMBER:S3760A

TITLE OF BILL: An act to allow the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach; and to amend chapter 43 of the laws of 2012, relating to allowing Gustin L. Reichbach to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo, in relation to the filing requirements for such service credit

PURPOSE OR GENERAL IDEA OF BILL:

This bill would deem the service retirement application filed by Gustin L. Reichbach to have taken effect one day before the date of his death. In addition, this bill would allow the administrator of Gustin's L. Reichbach's estate to file for additional service credit for service rendered as a judge with the United Nations War Crimes Tribunal in Kosovo from September 1, 2003 through February 27, 2004.

JUSTIFICATION:

Justice Reichbach was asked to serve on the Kosovo Supreme Court to preside over war crime trials and appeals in the after-math of the ethnic conflict in Kosovo by members of a United Nations Mission to Kosovo. Prior to his decision, he contacted the NYS Comptroller's Office and received approval of his retirement service credit for the time he was to serve in Kosovo. Based on this authorization, he agreed to participate on the international court. After making this commitment and following his departure, the Comptroller's office notified Justice Reichbach that his approval was made in error thus disallowing the service credit.

PRIOR LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

In text of legislation.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 3760--A A. 4986--A Cal. No. 223 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y February 14, 2013 ___________
IN SENATE -- Introduced by Sen. MONTGOMERY -- 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 committee IN ASSEMBLY -- Introduced by M. of A. MILLMAN, AUBRY -- read once and referred to the Committee on Governmental Employees -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to allow the New York state and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach; and to amend chapter 43 of the laws of 2012, relating to allowing Gustin L. Reichbach to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo, in relation to the filing requirements for such service credit 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, the service retirement application filed with the New York state and local employees' retirement system by Gustin L. Reichbach, who was employed as a justice of the supreme court, second judicial district, was a member of such retirement system and who died on July 14, 2012 prior to the effective date of his retirement, shall be deemed to have taken effect one day before the date of his death. If, within one year from the effective date of this act, the administrator of the estate of Gustin L. Reichbach files a written request for such service retirement with the administrative head of said retirement system. The filing of such a request will constitute a waiver of any rights or benefits to
Article 15 disability retirement awarded to Gustin L. Reichbach pursuant to section 605 of the retirement and social security law. S 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing Gustin L. Reichbach to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo, is amended to read as follows: Section 1. Notwithstanding any other provision of law to the contrary, Gustin L. Reichbach, [currently serving] WHO DIED ON JULY 14, 2012, AND WHO SERVED as a justice of the supreme court, second judicial district, and [an active] WAS A tier 4 member of the New York state and local employees' retirement system, shall be eligible to receive additional service credit for any time not already credited in such system for the period from September 1, 2003 through February 27, 2004, during which period he rendered service as a judge with the United Nations adminis- tration mission in Kosovo. The additional service credit granted, when added to the service already credited, shall not exceed a total of one year of credit for all service rendered in the fiscal year ending March 31, 2004. ANY INCREASE IN BENEFITS RESULTING FROM THE ADDITIONAL SERVICE CREDIT PROVIDED BY THIS ACT SHALL BE RETROACTIVE TO THE DATE OF RETIRE- MENT. Such additional credit shall be obtained only if on or before December 31, [2012] 2014, THE ADMINISTRATOR OF THE ESTATE OF Gustin L. Reichbach files a written request for such service credit with the administrative head of the said retirement system. All costs necessary to finance the granting of this service credit shall be borne by the state of New York. S 3. All costs associated with the implementation of this act shall be borne by the state of New York. S 4. This act shall take effect immediately. FISCAL NOTE. -- Pursuant to Legislative Law, Section 50: This bill would deem the service retirement application filed by Gustin L. Reichbach, a justice of the Supreme Court, to have taken affect one day before his date of death. In addition, this bill will allow the administrator of his estate to file a written request with the New York State and Local Employees' Retirement System for additional service credit for service rendered as a judge with the United Nations War Crimes Tribunal in Kosovo from September 1, 2003 through February 27, 2004. If this bill is enacted, there will be an immediate past service cost of approximately $115,000, which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2015. 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.

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