S09300 Summary:

BILL NOS09300
 
SAME ASSAME AS A08892
 
SPONSORWALCZYK
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the village of Clayton to offer an optional twenty year retirement plan to Joshua David, a police officer employed by such village.
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S09300 Actions:

BILL NOS09300
 
05/10/2024REFERRED TO CIVIL SERVICE AND PENSIONS
05/30/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/30/2024ORDERED TO THIRD READING CAL.1595
06/04/2024HOME RULE REQUEST
06/04/2024PASSED SENATE
06/04/2024DELIVERED TO ASSEMBLY
06/04/2024referred to ways and means
06/07/2024substituted for a8892
06/07/2024ordered to third reading rules cal.572
06/07/2024home rule request
06/07/2024passed assembly
06/07/2024returned to senate
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S09300 Committee Votes:

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S09300 Floor Votes:

DATE:06/07/2024Assembly Vote  YEA/NAY: 141/0
Yes
Alvarez
Yes
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Carroll
Yes
Fitzpatrick
Yes
Kim
Yes
Palmesano
Yes
Slater
Yes
Angelino
Yes
Chandler-Waterm
Yes
Flood
Yes
Lavine
Yes
Paulin
Yes
Smith
Yes
Ardila
Yes
Chang
Yes
Forrest
Yes
Lee
Yes
Peoples-Stokes
Yes
Smullen
Yes
Aubry
Yes
Clark
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Barclay
Yes
Colton
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Steck
Yes
Barrett
Yes
Conrad
Yes
Gallahan
ER
Lucas
Yes
Pretlow
Yes
Stern
Yes
Beephan
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Ra
Yes ‡
Stirpe
Yes
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
Yes
Tague
Yes
Benedetto
Yes
Cunningham
Yes
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
ER
Berger
Yes
Curran
Yes
Giglio JM
ER
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
ER
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Blumencranz
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
Yes
Gray
Yes ‡
McDonough
Yes
Rosenthal
Yes
Walker
Yes
Brabenec
Yes
DeStefano
Yes
Gunther
Yes
McGowan
ER
Rozic
Yes
Wallace
Yes
Braunstein
ER
Dickens
Yes
Hawley
Yes
McMahon
Yes
Santabarbara
Yes
Walsh
Yes
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
Yes
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
Yes
Mikulin
Yes
Seawright
Yes
Weprin
Yes
Brown EA
Yes
DiPietro
Yes
Hyndman
Yes
Miller
Yes
Septimo
Yes
Williams
Yes
Brown K
Yes
Durso
ER
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
Yes
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Norris
Yes
Sillitti
Yes
Zebrowski
Yes
Burke
ER
Epstein
Yes
Jensen
Yes
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
Yes
Jones
ER
O'Donnell
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S09300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9300
 
                    IN SENATE
 
                                      May 10, 2024
                                       ___________
 
        Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to authorize the village of Clayton to offer an  optional  twenty
          year  retirement  plan  to  a  certain police officer 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  Joshua  David,  a member of the New York state and local police and fire
     3  retirement system who was employed as a police officer for  the  village
     4  of  Clayton in 2009, and who through no fault of his own, failed to file
     5  a timely application to participate in the special twenty  year  retire-
     6  ment  plan contained in section 384-d of the retirement and social secu-
     7  rity law resulting in the crediting of his service with the  village  of
     8  Clayton  in  the retirement plan contained in section 375-e of such law,
     9  shall be given full credit in the  section  384-d  special  twenty  year
    10  retirement  plan  for  such  service upon the election of the village of
    11  Clayton to assume the additional cost of such service and  his  election
    12  to participate in such plan.  The village of Clayton may so elect within
    13  one  year  of  the  effective date of this act, by filing with the state
    14  comptroller a resolution of its local  legislative  body  together  with
    15  certification that such member did not bar himself from participation in
    16  such retirement plan as a result of his own negligence.
    17    §  2. Such police officer may elect to be covered by the provisions of
    18  section 384-d of the retirement and social security law,  and  shall  be
    19  entitled  to the full rights and benefits associated with coverage under
    20  such section by filing a request to that effect  with  the  state  comp-
    21  troller within eighteen months of the effective date of this act.
    22    §  3.  All employer past service costs associated with the implementa-
    23  tion of this act shall be borne by the village of Clayton,  and  may  be
    24  amortized over a period of five years.
    25    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13542-02-4

        S. 9300                             2
 
          This  bill would allow the Village of Clayton to reopen the provisions
        of section 384-d of the Retirement and Social Security  Law  for  police
        officer Joshua David.
          If this bill is enacted during the 2024 Legislative Session, we antic-
        ipate  that  there  will  be an increase of approximately $14,000 in the
        annual contributions of the Village  of  Clayton  for  the  fiscal  year
        ending March 31, 2025. In future years, this cost will vary as the bill-
        ing rates and salary of Joshua David change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $164,000 which will be
        borne by the Village of Clayton as a  one-time  payment.  This  estimate
        assumes that payment will be made on February 1, 2025. If the Village of
        Clayton  elects to amortize this cost over a 5-year period, the cost for
        each year including interest would be $36,600.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        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, 2023
        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  January  15,  2024,  and intended for use only
        during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-52,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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