Bill S4767A-2011

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 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

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 14, 2012
Ayes (10): Golden, Fuschillo, Hannon, Lanza, Little, Martins, Addabbo, Dilan, Savino, Serrano
Ayes W/R (2): O'Mara, Perkins

Memo

BILL NUMBER:S4767A

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4767--A 2011-2012 Regular Sessions IN 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 -- 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 commit- tee 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, 2012 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.--Pursuant to Legislative Law, Section 50: 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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