Grants Randy Prock tier IV membership in the New York state and local employees' retirement system.

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S5588-2011 Actions

• Jun 21, 2011: SUBSTITUTED BY A8201
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1480
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 3, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S5588-2011 Meetings

Rules: Jun 24, 2011

S5588-2011 Calendars

Floor Calendar: Jun 21, 2011

S5588-2011 Votes

S5588-2011 Memo

BILL NUMBER:S5588

TITLE OF BILL:
An act
granting retroactive tier IV membership in the New York state and local
employees' retirement system to Randy Prock

PURPOSE:
This bill will correct a clerical error and enable Randy Prock to be
retroactively placed in Tier IV of the New York State and Local
Employees' Retirement System, recognizing that he had filed a timely
membership application with the retirement system.

SUMMARY OF PROVISIONS:
Section 1 of the bill grants Randy Prock membership status into Tier
IV of the New York State and Local Employees' Retirement System.
Section 2 deems that New York State will incur the costs associated
with this legislation.

JUSTIFICATION:
Randy Prock was employed by the New York State Department of Taxation
on August 13, 2009 as a Tax Information Aide. At the time of his
hire, Mr. Prock initially declined enrollment in Tier IV of the New
York State and Local Employees' Retirement System.

Upon being informed that a new Tier V was to take effect starting
January 1, 2010, Mr. Prock completed, signed and notarized
an Article 15 Membership Registration form on December 17, 2009.

Following the Department's instructions, Mr. Prock hand-delivered the
form to an employee in the Department's administrative section that
same day. The form was reviewed by that employee and was placed in an
envelope for hand delivery to the Office of Human Resources
Management. Unfortunately, although his application had been
submitted in a timely manner, the paperwork never made it to the
proper recipient and was later found in the employee's personal
history folder on January 27th. The form was not processed. This bill
would correct that administrative error.

LEGISLATIVE HISTORY:
New in 2011.

FISCAL IMPLICATIONS:
This bill will deem Randy Prock to have a become a member of the New
York State and Local Employees' Retirement System on December
17, 2009, the date he filed a membership application, thereby granting
him Tier 4 status.

If this bill is enacted, we anticipate that there will be an increase
in the annual contributions of the State of New York for the fiscal
year ending March 31, 2012 of approximately $1,150.

In addition to the annual contributions discussed above, there will be
a one-time past service cost of approximately $180 which will be
borne by the State of New York, assuming a payment date of March 1,
2012.

This estimate, dated May 24, 2011 and intended for use only during the
2011 Legislative Session, is Fiscal Note No. 2011-187, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.

EFFECTIVE DATE:
Immediately.

S5588-2011 Text

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

                                    5588

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 3, 2011
                                 ___________

  Introduced  by  Sen.  FARLEY -- 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 Randy Prock

    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, Randy Prock, a
  member of the New York state and local employees' retirement system, who
  was employed on August 13, 2009,  by  the  Department  of  Taxation  and
  Finance  as  a  temporary  Tax  Information  Aid, who filed a membership
  application in such system on December 17, 2009, which should have given
  him Tier IV status but for reasons not ascribable to his own  negligence
  and due to an administrative error, the application was not processed in
  the  usual  manner  and  therefore  not processed, may be deemed to have
  become a member of the New York state and  local  employees'  retirement
  system on December 17, 2009.
    S 2. Any past service costs incurred in implementing the provisions of
  this act shall be borne by the state.
    S 3. This act shall take effect immediately.
    FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

    This  bill  will  deem  Randy Prock to have become a member of the New
  York State and Local Employees' Retirement System on December 17,  2009,
  the  date he filed a membership application, thereby granting him Tier 4
  status.
    If this bill is enacted, we anticipate that there will be an  increase
  in the annual contributions of the State of New York for the fiscal year
  ending March 31, 2012 of approximately $1,150.
    In addition to the annual contributions discussed above, there will be
  a  one-time  past service cost of approximately $180 which will be borne
  by the State of New York, assuming a payment date of March 1, 2012.
    This estimate, dated May 24, 2011 and intended for use only during the
  2011 Legislative Session, is Fiscal Note No. 2011-187, prepared  by  the
  Actuary for the New York State and Local Employees' Retirement System.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11925-01-1