STATE OF NEW YORK
________________________________________________________________________
10078
IN SENATE
April 27, 2026
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT in relation to granting retroactive tier V membership in the New
York state and local employees' retirement system to Marca McClenon
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 Marca McClenon, a tier VI member of the New York state and local employ-
3 ees' retirement system who was employed as a part-time employee with the
4 Yorktown library beginning on March 26, 2012 and who, through no fault
5 of her own, did not become a member of the New York state and local
6 employees' retirement system on March 26, 2012 when she became eligible
7 for membership in such system, shall be deemed to have a date of member-
8 ship with the New York state and local employees' retirement system of
9 March 26, 2012 if she shall file an application therefore with the state
10 comptroller within one year of the effective date of this act. Upon the
11 receipt of such application, Marca McClenon shall be granted tier V
12 status in the New York state and local employees' retirement system and
13 shall be eligible for all the rights and benefits thereof.
14 § 2. All past service costs of implementing the provisions of this act
15 shall be borne by the Yorktown library, and there shall be no refund of
16 member contributions to Marca McClenon.
17 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Tier 5 status in the New York State and Local
Employees' Retirement System to Marca McClenon, a current Tier 6 member
employed by the town of Yorktown, by changing their date of membership
to March 26, 2012.
There will be no refund of member contributions.
We estimate that town of Yorktown's annual contributions will increase
$4,600 beginning FYE 2027. Annual costs will vary as the billing rates
and salary of Marca McClenon change.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14600-04-6
S. 10078 2
In addition, there will be an immediate past service cost of $28,600
borne by the town of Yorktown as a one-time payment. This cost assumes
that payment will be made on February 1, 2027.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated March 10, 2026, and intended for use only during
the 2026 Legislative Session, is Fiscal Note Number 2026-150. As Chief
Actuary of the New York State and Local Retirement System (NYSLRS), I,
Aaron Schottin Young, hereby certify that this analysis complies with
applicable Actuarial Standards of Practice as well as the Code of
Professional Conduct and Qualification Standards for Actuaries Issuing
Statements of Actuarial Opinion of the American Academy of Actuaries, of
which I am a member. I am a member of NYSLRS but do not believe it
impairs my objectivity.
