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

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S4767-2011 Actions

• Jun 21, 2012: referred to governmental employees
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: HOME RULE REQUEST
• May 16, 2012: ADVANCED TO THIRD READING
• May 15, 2012: 2ND REPORT CAL.
• May 14, 2012: 1ST REPORT CAL.746
• Apr 13, 2012: PRINT NUMBER 4767A
• Apr 13, 2012: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Apr 20, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S4767-2011 Votes

S4767-2011 Memo

BILL NUMBER:S4767

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 her 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:
None.

FISCAL IMPLICATIONS:
See fiscal note.

LOCAL FISCAL IMPLICATIONS:
See fiscal note.


EFFECTIVE DATE:
This act shall take effect immediately.

S4767-2011 Text

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

                                    4767

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 20, 2011
                                 ___________

  Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Civil Service and Pensions

  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, 2011 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.
    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, 2012 of approximately $1,500.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10332-04-1

 S. 4767                             2

    In addition to the annual contributions discussed above, there will be
  a  one-time  past service cost of approximately $720 which will be borne
  by Madison County, assuming a payment date of February 1, 2012.
    This  estimate,  date  April 5, 2011, and intended for use only during
  the 2011 Legislative Session, is Fiscal Note No. 2011-159,  prepared  by
  the  Actuary  for  the  New  York  State and Local Employees' Retirement
  System.