Authorizes Breanne M. Smith to receive a refund of certain accumulated contributions paid to the New York state and local employees' retirement system.
STATE OF NEW YORK
________________________________________________________________________
10302
IN SENATE
May 12, 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 authorizing Breanne M. Smith to receive a refund of certain accu-
mulated contributions paid to 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 the provisions of subdivision b of section
2 902 of the retirement and social security law, Breanne M. Smith, a Tier
3 4 member of the New York state and local employees' retirement system,
4 who was formerly a Tier 4 member of the New York city employee retire-
5 ment system with six years and five months of service credit who then
6 paid contributions as a Tier 6 member of the New York state and local
7 employees' retirement system employee employed at the Putnam County
8 district attorney's office during the period of January, 2016 through
9 March 8, 2023 and initiated a tier reinstatement on July 12, 2019, shall
10 be entitled to a refund of the accumulated contributions paid to the New
11 York state and local employees' retirement system for the period in
12 which the tier reinstatement was not initiated and a cessation date was
13 not established, if an application is filed within one year of the
14 effective date of this act.
15 § 2. Notwithstanding any other provision of law to the contrary, none
16 of the provisions of this act shall be subject to section 25 of the
17 retirement and social security law.
18 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would authorize the return of member contributions paid by
Breanne Smith between January 13, 2016 and July 12, 2019. Breanne Smith
is a current member of the New York State and Local Employees' Retire-
ment System (NYSLERS) employed by Putnam county.
There will be an immediate past service cost of $17,800 shared by all
participating employers in NYSLERS and spread over future billing
cycles.
This bill will not increase Putnam county's annual contributions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11148-05-6
S. 10302 2
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 February 23, 2026, and intended for use only
during the 2026 Legislative Session, is Fiscal Note Number 2026-117. 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 Actu-
aries, of which I am a member. I am a member of NYSLRS but do not
believe it impairs my objectivity.
