STATE OF NEW YORK
________________________________________________________________________
8358
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Governmental Employees
AN ACT granting retroactive tier II membership in the New York state and
local police and fire retirement system to Daniel Rizzo
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 Daniel Rizzo, who was employed with Monroe county sheriff's office and
3 who is currently a member of the New York state and local police and
4 fire retirement system, who through no fault of his own did not become a
5 member of the New York state and local police and fire retirement system
6 on October 19, 2009 when first employed by the Monroe county sheriff's
7 office, shall be deemed to have been a member of the New York state and
8 local police and fire retirement system on such date he commenced his
9 employment and shall be granted Tier II status in the New York state
10 police and fire retirement system, provided that an application is filed
11 with the head of the New York state and local police and fire retirement
12 system within one year from the effective date of this act. Upon the
13 granting of such retroactive membership, Daniel Rizzo shall be granted a
14 refund of any employee contribution made by him to the New York state
15 and local police and fire retirement system which would not have been
16 made had Tier II status been granted in the New York state and local
17 police and fire retirement system on October 19, 2009.
18 § 2. All past services costs associated with the implementation of
19 this act shall be borne by the state.
20 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide Daniel Rizzo with a date of membership of
October 19, 2009, their date of first employment with the Monroe County
Sheriff's Office, resulting in Tier 2 status in the New York State and
Local Police and Fire Retirement System. Daniel Rizzo is currently a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11115-03-5
A. 8358 2
Tier 5 member employed by the City of Rochester. Member contributions
will be refunded.
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase of approximately $9,100 in the
annual contributions of the City of Rochester for the fiscal year ending
March 31, 2026. In future years this cost will vary as the billing rates
and salary of Daniel Rizzo change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $56,500 which will be
borne by the State of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2026.
Summary of relevant resources:
Membership data as of March 31, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report. The actuarial assumptions and methods used are described in the
2024 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, 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated May 6, 2025, and intended for use only during the
2025 Legislative Session, is Fiscal Note No. 2025-148. As Chief Actuary
of the New York State and Local Retirement System, I, Aaron Schottin
Young, hereby certify that this analysis complies with applicable Actu-
arial Standards of Practice as well as the Code of Professional Conduct
and Qualification Standards for Actuaries Issuing Statements of Actuari-
al Opinion of the American Academy of Actuaries, of which I am a member.
