STATE OF NEW YORK
________________________________________________________________________
7616
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Governmental Employees
AN ACT in relation to authorizing Tier IV status in the New York state
and local employees' retirement system for Marc Del Prado
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 the law to the
2 contrary, Marc Del Prado, an employee of the New York state justice
3 center for the protection of people with special needs and a member of
4 the New York state and local employees' retirement system, who was
5 employed as a lifeguard with the Mohonasen Central School District from
6 August 2, 2004 until September 29, 2009, as well as a coach for periods
7 between November 7, 2011 and November 7, 2013 who for reasons not
8 ascribable to his own negligence, failed to become a member of such
9 retirement system during such employment with the Mohonasen Central
10 School District in 2004, shall be deemed to have joined the New York
11 state and local employees' retirement system on the date August 2, 2004
12 and shall be granted Tier IV status in such retirement system, if, with-
13 in one year of the effective date of this act, he shall file a written
14 request with the state comptroller.
15 § 2. No contributions made to the New York state and local employees'
16 retirement system by Marc Del Prado shall be returned or refunded to him
17 pursuant to this act.
18 § 3. All past service costs of implementing the provision of this act
19 shall be borne by the state of New York.
20 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant retroactive Tier 4 status in the New York State
and Local Employees' Retirement System to Marc Del Prado, a current Tier
6 member employed by the New York State Justice Center for the
Protection of People with Special Needs, by changing their date of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11286-02-3
A. 7616 2
membership to August 2, 2004. There will be no refund of member contrib-
utions.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be an increase of approximately $4,400 in the
annual contributions of the State of New York for the fiscal year ending
March 31, 2024. In future years, this cost will vary as the billing
rates and salary of Marc Del Prado change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $63,700 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, 2024.
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.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
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 18, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-165, prepared by
the Actuary for the New York State and Local Retirement System.
