Authorizes Kim Bowers to receive certain service credit with the New York state and local employees' retirement system for her employment with the town of Orchard Park Zoning Board of Appeals.
STATE OF NEW YORK
________________________________________________________________________
5327
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Governmental Employees
AN ACT to authorize Kim Bowers to receive certain service credit with
the New York state and local employees' retirement system
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, Kim Bowers, an employee of the Erie County Water Authority and
3 a member of the New York state and local employees' retirement system,
4 who for the period beginning January 1, 2006 and ending November 19,
5 2018, was employed as a member of the Zoning Board of Appeals with the
6 town of Orchard Park, and who, for reasons not ascribable to her own
7 negligence, failed to become a member of such retirement system during
8 such employment with the town of Orchard Park, shall be deemed to have
9 joined the New York state and local employees' retirement system on the
10 date January 1, 2006, if within one year of the effective date of this
11 act, she shall file a written request with the state comptroller.
12 § 2. No contributions made to the New York state and local employees'
13 retirement system by Kim Bowers shall be returned or refunded to her
14 pursuant to this act.
15 § 3. All past service costs of implementing the provisions of this
16 act shall be borne by the town of Orchard Park.
17 § 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 Kim Bowers, a current Tier 6
member employed by the Erie County Water Authority, by changing their
date of membership to January 1, 2006. There will be no refund of member
contributions.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be an increase of approximately $5,600 in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00371-04-3
A. 5327 2
annual contributions of the Erie County Water Authority for the fiscal
year ending March 31, 2024. In future years, this cost will vary as the
billing rates and salary of Kim Bowers change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $13,900 which will be
borne by the Town of Orchard Park as a one-time payment. This estimate
assumes that payment will be made on February 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.
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 3, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-2, prepared by the
Actuary for the New York State and Local Retirement System.
