Grants retroactive tier IV membership in the New York state and local employees' retirement system to Tamara Hemminger.
TITLE OF BILL: An act granting retroactive tier IV membership in the New York state and local employees' retirement system to Tamara Hemminger
PURPOSE: This bill authorizes Tamara Hemminger retroactive membership in Tier IV.
SUMMARY OF PROVISIONS: Section 1: Authorizes Tamara Hemminger retroactive Tier IV membership in the New York State and Local Employees' Retirement System deemed effective on December 17, 2009.
Section 2: Provides the past service costs are to be borne by the state.
Section 3: Provides an immediate effective date.
JUSTIFICATION: Tamara Hemminger was employed by the Department of Labor as a labor services representative on December 7, 2009. On December 17, 2009 Hemminger completed, signed, and dated the Article 15 Membership Registration form and had it notarized. She subsequently submitted the application to her employer.
Due to an administrative error, the application was not processed in the usual manner and therefore not processed properly. The New York State and Local Employees' Retirement System did not receive her application until January 13, 2010. This gave her Tier V status. Had the Department processed Hemminger's application in the usual manner she would currently have Tier IV status in the retirement system.
This bill corrects the paperwork error and grants Hemminger the Tier IV status she should have been granted upon the submission of her application.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: If this bill were to be enacted in the 2012 Legislative Session it would increase the yearly contributions for Hemminger's current employer by $1,500. In addition there is a one-time past service cost of $2,280, which would be borne by the State of New York
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7502 IN SENATE May 30, 2012 ___________Introduced by Sen. NOZZOLIO -- 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 Tamara Hemminger 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, Tamara Hemming- er, a member of the New York state and local employees' retirement system, who was employed on December 7, 2009, by the department of labor as a labor services representative, who filed a membership application in such system on December 17, 2009, which should have given her Tier IV status but for reasons not ascribable to her 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 Tamara Hemminger, currently an employee of the Canandaigua City School District and formerly an employee of the New York State Depart- ment of Labor, to have become a member of the New York State and Local Employees' Retirement System on December 17, 2009, thereby granting her Tier 4 status. If this legislation is enacted during the 2012 legislative session, we anticipate that there will be an increase of approximately $1,500 in the annual contributions of the Canandaigua City School District for the fiscal year ending March 31, 2013. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $2,280, which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment would be made on March 1, 2013. Summary of relevant resources:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13401-04-2 S. 7502 2 Data: March 31, 2011 Actuarial Year End File with distributions of membership and other statistics displayed in the 2011 Report of the Actuary and 2011 Comprehensive Annual Financial Report. Assumptions and Methods: 2010 and 2011 Annual Report to the Comp- troller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2011 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2011 Actuarial Valuations report. 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 8, 2012, and intended for use only during the 2012 Legislative Session, is Fiscal Note No. 2012-84, prepared by the Actuary for the New York State and Local Employees' Retirement System.