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A06702 Summary:

BILL NOA06702
 
SAME ASNo Same As
 
SPONSORBurke
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes James Unger, a town of West Seneca police officer, to receive certain credit under section 384-d of the retirement and social security law.
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A06702 Actions:

BILL NOA06702
 
05/05/2023referred to governmental employees
01/03/2024referred to governmental employees
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A06702 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6702
 
SPONSOR: Burke
  TITLE OF BILL: An act to authorize James Unger to receive certain credit under section 384-d of the retirement and social security law   PURPOSE OF THE BILL: This legislation corrects a statutory deficiency by permitting Officer James Unger, of the Town of West Seneca Police Department, the authority to transfer service credit accrued resulting from his employment with the Erie County Sheriffs Department to the pension plan of his existing employer.   SUMMARY OF PROVISIONS: Section 1 establishes the authority to transfer service credit. Section 2 requires past service costs to be borne by the Town of West Seneca. Section 3 sets forth the effective date.   JUSTIFICATION: James Unger served as sworn member of the Erie County Sheriffs Depart- ment prior to his appointment as an officer with the Town of West Sene- ca. Police Department. His former position with Sheriff's Department road patrol is consistent with the performance of his current job duties and as such, he ought to be afforded the option as set forth within this legislation.   PRIOR LEGISLATIVE HISTORY: 2021-2022: S06739A referred to Civil Service and Pensions 2021-2022: A09634 referred to governmental employees   FISCAL IMPLICATIONS: See fiscal note.   EFFECTIVE DATE: The bill would take effect immediately.
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A06702 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6702
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2023
                                       ___________
 
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to authorize James Unger to receive certain credit under  section
          384-d of the retirement and social security law
 
          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,  James  Unger,
     2  currently  a  town  of  West Seneca police officer and member of the New
     3  York state and local  police  and  fire  retirement  system  covered  by
     4  section  384-d  of  the  retirement and social security law, who between
     5  January 21, 2003 and September 6, 2006 was employed by the  Erie  county
     6  sheriff's  department  where  he  was a member of the New York state and
     7  local employees' retirement system, and who, for reasons not  ascribable
     8  to  his  own  negligence,  was  not granted service credit under section
     9  384-d of the retirement and  social  security  law  for  his  period  of
    10  employment  with  the Erie county sheriff's department, shall be granted
    11  such service credit under section 384-d of  the  retirement  and  social
    12  security law and shall be entitled to the full rights and benefits asso-
    13  ciated  with  coverage  under  such  section, provided a request to that
    14  effect is filed with the state comptroller  within  one  year  from  the
    15  effective  date  of  this  act.  Prior  to  James  Unger submitting such
    16  request, he must first file an application for tier  reinstatement  with
    17  the  New  York  state and local police and fire retirement system, as he
    18  has previously withdrawn his membership with  the  New  York  state  and
    19  local employees' retirement system. Once any costs associated with James
    20  Unger's  tier  reinstatement to his prior membership are paid in full by
    21  him, he may be granted the service credit and such service  credit  will
    22  be  creditable  service under section 384-d of the retirement and social
    23  security law for James Unger.
    24    § 2. All past service costs incurred in implementing the provisions of
    25  this act shall be borne by the town of West Seneca.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00565-03-3

        A. 6702                             2
 
     1    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would grant service credit under section 384-d together with
        384-e  of  the  Retirement  and  Social  Security  Law to James Unger, a
        current member of the New York State and Local Police and  Fire  Retire-
        ment  System  (NYSLPFRS)  employed  by  the Town of West Seneca, for the
        period of January 21, 2003, through September 6, 2006, during which time
        they were employed as deputy sheriff in Erie County.  Currently,  deputy
        sheriff  service  is  not  creditable  in  a NYSLPFRS twenty-year police
        retirement plan.
          If this bill is enacted during the  2023  legislative  session,  there
        will  be  an immediate past service cost of approximately $219,000 which
        will be borne by the Town of West Seneca as  a  one-time  payment.  This
        estimate assumes that payment will be made on February 1, 2024.
          This  bill  will  not  increase the future annual contributions of the
        Town of West Seneca.
          James Unger must complete and  file  an  application  for  tier  rein-
        statement with the NYSLPFRS for service credit to be granted.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2022
        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 January 18,  2023,  and  intended  for  use  only
        during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-10,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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