Authorizes the village of Dobbs Ferry to offer an optional twenty-year retirement plan to Gabriel Bonilla, former police officer employed by such village.
STATE OF NEW YORK
________________________________________________________________________
4715--A
2023-2024 Regular Sessions
IN SENATE
February 13, 2023
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to authorize the village of Dobbs Ferry to offer an optional
twenty-year retirement plan to a certain police officer formerly
employed by such village
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 Gabriel Bonilla, a member of the New York state and local police and
3 fire retirement system, who is currently employed by Westchester county,
4 who was employed as a police officer with the village of Dobbs Ferry
5 from December of 2005 through March 20, 2011, and who, through no fault
6 of his own, failed to file a timely application to participate in the
7 special twenty-year retirement plan contained in section 384-d of the
8 retirement and social security law, shall be given full credit in the
9 special twenty-year retirement plan contained in section 384-d of the
10 retirement and social security law for such service upon the election of
11 Dobbs Ferry to assume the additional cost of such service. The village
12 of Dobbs Ferry may so elect by filing with the state comptroller, no
13 later than one year from the effective date of this act, a resolution of
14 its local legislative body together with certification that such police
15 officer did not bar himself from participation in such retirement plan
16 as a result of his own negligence. Thereafter, such police officer may
17 elect to be covered by the provisions of section 384-d of the retirement
18 and social security law, and shall be entitled to the full rights and
19 benefits associated with coverage under such section, by filing a
20 request to that effect with the state comptroller no later than one year
21 from the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06211-05-3
S. 4715--A 2
1 § 2. All costs associated with implementing the provisions of this act
2 shall be borne by the village of Dobbs Ferry.
3 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Gabriel Bonilla, a Tier 2 member of the New York
State and Local Police and Fire Retirement System, additional service
creditable under the provisions of section 384-d of the Retirement and
Social Security Law (RSSL) for time worked as a police officer of the
Village of Dobbs Ferry. Such service is currently creditable in the age
55 retirement plan of section 375-i of the RSSL but not in the 20-year
plan of section 384-d. Gabriel Bonilla is currently employed by the
County of Westchester.
If this bill is enacted during the 2023 legislative session, there
will be an immediate past service cost of approximately $114,000 which
will be borne by the Village of Dobbs Ferry 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
County of Westchester.
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 March 3, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-84, prepared by
the Actuary for the New York State and Local Retirement System.
