Bill S7465A-2013

Grants Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie

Grants Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie.

Details

Actions

  • May 29, 2014: PRINT NUMBER 7465A
  • May 29, 2014: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • May 15, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S7465A

TITLE OF BILL: An act in relation to granting Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie

PURPOSE: This bill will increase the amount of time that Andrew Eszak was in the pension system by approximately 3.5 years.

SUMMARY OF PROVISIONS:

Section 1 states that Andrew Eszak will be granted full time service credit for his employment with the city of Lackawanna for the period from August 23, 1994 to December 31, 1999 if he files a written request for that purpose to the state comptroller by December 31 of this year.

Section 2 states that all past service costs associated with the implementation of this act will be borne by the city of Lackawanna.

Section 3 states that this act will take effect immediately

JUSTIFICATION: Andrew Eszak worked for the City of Lackawanna for many years. Due to a worker's compensation dispute he ended up in litigation with the city. The city lost and agreed to provide him back pay and credit the time towards his pension.

While he was in litigation he worked a minimum wage job for the city to keep health insurance, etc. In 2008, after his retirement, the comptroller deemed the time he worked as a minimum wage employee not applicable to the pension. The comptroller is not subject to the terms of the settlement. This bill would add those years during litigation to his pension. If he did not have to resort to litigation he would have still been working for the city during that time and adding to his pension.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7465--A IN SENATE May 15, 2014 ___________
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 AN ACT in relation to granting Andrew M. Eszak full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna, county of Erie 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, Andrew M. Eszak, who is a member of the New York state and local employees' retirement system, and who, for the period beginning August 23, 1994 and ending December 31, 1999 was employed by the city of Lackawanna, county of Erie, and who, for reasons not ascribable to his own negligence, was credited with part-time service in such retirement system for such peri- od rather than for full time service, shall be granted full time service credit in the New York state and local employees' retirement system for his employment with the city of Lackawanna for the period beginning August 23, 1994 and ending December 31, 1999 if, on or before December 31, 2014, he shall file a written request to that effect with the state comptroller. S 2. All past service costs associated with the implementation of this act shall be borne by the city of Lackawanna. S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill will grant retiree Andrew M. Eszak full time service in the New York State and Local Employees' Retirement System for employment by the City of Lackawanna for the period August 23, 1994 through December 31, 1999. If this bill is enacted, we anticipate that there will be a past service cost of approximately $92,100 which will be borne by the City of Lackawanna as a one time payment. This estimate assumes a payment date of February 1, 2015. 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 May 28, 2014, and intended for use only during the 2014 Legislative Session, is Fiscal Note No. 2014-140, prepared by the Actuary for the New York State and Local Employees' Retirement System.

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