Bill S7243-2013

Authorizes John Bergmann to obtain credit for service to a participating employer in the New York state and local employees' retirement system

Authorizes John Leslie Bergmann to apply for and obtain retirement service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system, of which he is a retired member due to retirement from employment by the city school district of the city of New York.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jun 2, 2014: ADVANCED TO THIRD READING
  • May 29, 2014: 2ND REPORT CAL.
  • May 28, 2014: 1ST REPORT CAL.993
  • May 7, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 28, 2014
Ayes (8): Golden, Lanza, Martins, Ritchie, Savino, Sanders, Addabbo, Dilan
Ayes W/R (3): Hannon, Maziarz, Perkins

Memo

BILL NUMBER:S7243

TITLE OF BILL: An act to authorize John Leslie Bergmann to apply for and receive service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system

PURPOSE OR GENERAL IDEA OF BILL: This legislation authorizes John Leslie Bergmann to apply for membership and receive service credit in the New York State and Local Employees' Retirement System and then transfer such service credit to the New York City Teachers' Retirement System.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of the bill allows John Leslie Bergmann to be deemed a member of the New York State and Local Retirement System beginning on September 6, 1988 pending an application with the Office of the State Comptroller. It further authorizes John Leslie Bergmann to transfer such credit to the New York City Teachers Retirement System. Section Two is the effective date.

JUSTIFICATION: Through no fault of his own, John Leslie Bergmann failed to become a member of the New York State and Local Employees' Retirement system when he commenced employment on September 6, 1988 with Westchester Community College. Under current law, John Leslie Bergmann would be required to suspend his current pension benefit in order to join the New York City Teachers' Retirement system. The purpose of this bill is to rectify this inequity.

LEGISLATIVE HISTORY: 2011-12: S2833-A - Died in Civil Service and Pensions 2009-10: S.2689 - Died Civil Service and Pensions Committee 2008: S.7301 - Died Civil Service and Pensions Committee

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7243 IN SENATE May 7, 2014 ___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to authorize John Leslie Bergmann to apply for and receive service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system 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, John Leslie Bergmann, who retired on July 1, 2002 from employment by the city school district of the city of New York and receives benefits from the New York city teachers' retirement system, and who commenced employ- ment by the Westchester county community college, a participating employer in the New York state and local employees' retirement system, on September 6, 1988, and who, for reasons not ascribable to his own negligence, did not become a member of the New York state and local employees' retirement system, shall be entitled to receive retirement service credit for his service as an employee of the Westchester county community college, from the date of his commencement of such employment until the date of his retirement from employment by the city school district of the city of New York, in the New York city teachers' retire- ment system if, on or before the thirty-first of December next succeed- ing the date on which it shall have become a law, he shall file an application therefor with the state comptroller. S 2. Notwithstanding any other provision of law to the contrary, ther- eupon, the New York state and local employees' retirement system shall transfer to the New York city teachers' retirement system an amount, to be determined by the state comptroller, equal to that which the West- chester county community college would have been obligated to pay to the New York state and local employees' retirement system on account of its employment of John Leslie Bergmann, together with interest thereon, had he become a member of such retirement system at the time of the commencement of his employment by Westchester county community college.
In addition to such transfer, John Leslie Bergmann shall pay to the New York city teachers' retirement system, in a lump sum, an amount, if any, to be determined by the state comptroller, equal to that which he would have been obligated to contribute to the New York state and local employees' retirement system due to his employment by Westchester county community college, had he become a member of such system upon the commencement of such employment, from the date of the commencement ther- eof until the date of his retirement from employment by the city school district of the city of New York. S 3. Upon receipt of the transfer and the payment required by section two of this act, the New York city teachers' retirement system shall grant the retirement service authorized by section one of this act to John Leslie Bergmann and shall recalculate and pay his retirement allow- ance accordingly and pay to him any arrearage or deficiency to which he may be entitled pursuant to the provisions of this act in a lump sum. S 4. This act shall take effect immediately. FISCAL NOTE.: Pursuant to Legislative Law, Section 50: This bill will adjust the retirement benefit of John Leslie Bergmann, a retiree from the New York City Teachers Retirement System (NYCTRS), by increasing his final average salary by approximately $16,000 based on salary earned while working for the Westchester County Community College. The additional benefit based on the increase in final average salary will then be paid retroactively to his date of retirement from the NYCTRS. If this bill is enacted, insofar as it affects the New York State and Local Employees' Retirement System, we anticipate that there will be a transfer of approximately $9,800 to the NYCTRS. This cost will be shared by the State of New York and all of the participating employers in the New York State and Local Employees' Retirement System. In addition, we estimate that Mr. Bergmann will have to pay approximately $12,000 in member contributions to the NYCTRS. The sum of these amounts will be used to partially offset the cost to the NYCTRS. 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. This estimate, dated February 6, 2014 and intended for use only during the 2014 Legislative Session, is Fiscal Note No. 2014-77, prepared by the Actuary for the New York State and Local Employees' Retirement System.

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