Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie.

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S4163B-2011 Actions

• Jan 18, 2012: PRINT NUMBER 4163B
• Jan 18, 2012: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jun 7, 2011: PRINT NUMBER 4163A
• Jun 7, 2011: AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
• Mar 21, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S4163B-2011 Memo

BILL NUMBER:S4163B

TITLE OF BILL:
An act
to authorize the county of Erie to offer an optional twenty year
retirement plan to deputy sheriff Thomas Van Wie

PURPOSE:
To allow Thomas Van Wie, Deputy Sheriffs in Erie County, to
retroactively enroll in an option 20-year retirement plan under
Sections 552 and 553 of the Retirement and Social Security Law.

SUMMARY OF PROVISIONS:
Section 1. Allows Thomas Van Wie to participate in an optional 20-year
retirement plan under the Retirement and Social Security Law.

Section 2. Ensures that no cost is borne by the state.

Section 3. Effective date.

EXISTING LAW:

JUSTIFICATION:
Sections 552 and 553 of the Retirement and Social Security Law allows
a sheriff, undersheriff or deputy sheriff to enroll in an optional
20-year retirement plan with permission of his or her employer, but
only within the first year of their service.

Unfortunately, due to situations beyond the control of individual
eligible employees, the first year window closes without them being
aware of their ability to participate in such a retirement plan. Such
is the case with the two Erie County Deputy Sheriffs that this bill
deals with.

Thomas Van Wie was hired by Erie County as a Deputy Sheriff in 2006.
However, he was also a member of the New York Army National Guard
105th Military Police Company, and was subsequently activated for
service, responding to the 2006 October Storm emergency. While on
Active Duty, Deputy Van Wie's mail was also re-routed. As often
happens in such situations, part of his mail went missing. It just so
happened that his
application and notification to enroll in the optional twenty-year
retirement plan was part of the mail misplaced. Deputy Van Wie was
soon informed that he had not successfully enrolled in the optional
retirement plan, though it was his intent to do so.

This legislation acknowledges the extenuating circumstances Thomas Van
Wie faced in regards to enrolling in the Erie County Sheriff's Office
optional 20-year retirement plan. Upon consent of Erie County, this
bill would allow this individual to pursue the retirement he
rightfully deserves.

LEGISLATIVE HISTORY:
New Bill.


FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:
This act shall take effect immediately.

S4163B-2011 Text

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

                                   4163--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 21, 2011
                                 ___________

  Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Civil Service and Pensions
    -- committee discharged, bill amended, ordered  reprinted  as  amended
    and  recommitted  to said committee -- 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

  AN  ACT to authorize the county of Erie to offer an optional twenty year
    retirement plan to deputy sheriff Thomas Van Wie

    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  county  of Erie, a participating employer in the New York state and
  local employees' retirement system, which previously  elected  to  offer
  the  optional  twenty  year  retirement  plan,  established  pursuant to
  section 552 of the retirement and social security  law,  and  the  addi-
  tional pension benefits to members of such plan, established pursuant to
  section  553  of  the  retirement  and social security law, to sheriffs,
  under-sheriffs and deputy sheriffs employed by such  county,  is  hereby
  authorized  to make participation in such plan and benefits available to
  Thomas Van Wie, deputy sheriff employed by  the  county  of  Erie  since
  September 5, 2006 who, for reasons not ascribable to his own negligence,
  failed  to  make  a  timely  application to participate in such optional
  twenty year retirement plan and the additional pension  benefits  there-
  for.  The  county  of  Erie  may so elect by filing with the state comp-
  troller, on or before December 31,  2013,  a  resolution  of  its  local
  legislative  body  together  with certification that such deputy sheriff
  did not bar himself from participation in  such  retirement  plan  as  a
  result  of his own negligence. Thereafter, such deputy sheriff may elect
  to be covered by the provisions of sections 552 and 553 of  the  retire-
  ment  and  social security law, and shall be entitled to the full rights

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09635-10-2

 S. 4163--B                          2

  and benefits associated with coverage under such sections, by  filing  a
  request  to that effect with the state comptroller on or before June 30,
  2014.
    S 2. All employer costs associated with implementing the provisions of
  this act shall be borne by the county of Erie.
    S 3. This act shall take effect immediately.
    FISCAL  NOTE.--This bill will allow Erie County to elect to reopen the
  provisions of a 20 year retirement plan pursuant to Section 552  of  the
  Retirement  and  Social  Security Law for deputy sheriff Thomas Van Wie.
  He would also immediately become covered under Section 553, which  gives
  additional  60ths  of  final  average salary for each year of creditable
  service beyond 20 years.
    If this bill is enacted, we anticipate that there will be an  increase
  of  approximately  $9,100 in the annual contributions of Erie County for
  the fiscal year ending March 31, 2013.
    In addition to the annual contributions discussed above, there will be
  an immediate past service cost of approximately $19,700 which  would  be
  borne  by  Erie  County as a one-time payment. This estimate is based on
  the assumption that payment will be made on 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 January 6, 2012, and intended for use only during
  the  2012  Legislative  Session, is Fiscal Note No. 2012-57, prepared by
  the Actuary for the New  York  State  and  Local  Employees'  Retirement
  System.