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A09517 Summary:

BILL NOA09517
 
SAME ASSAME AS S08505
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes Nicholas Moore, Joshua Golden and Nathan Kasprzak to participate in the special twenty year retirement plan.
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A09517 Actions:

BILL NOA09517
 
03/16/2022referred to governmental employees
05/10/2022reported referred to ways and means
05/25/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.479
05/31/2022ordered to third reading rules cal.479
05/31/2022home rule request
05/31/2022passed assembly
05/31/2022delivered to senate
05/31/2022REFERRED TO CIVIL SERVICE AND PENSIONS
06/01/2022SUBSTITUTED FOR S8505
06/01/20223RD READING CAL.1779
06/01/2022HOME RULE REQUEST
06/01/2022PASSED SENATE
06/01/2022RETURNED TO ASSEMBLY
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A09517 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9517
 
SPONSOR: Jones
  TITLE OF BILL: An act to authorize Nicholas Moore, Joshua Golden and Nathan Kasprzak to receive certain service credit under section 384-d of the retirement and social security law   PURPOSE: This bill would permit three members of the Plattsburg Police Department to join the 384-d twenty-year retirement plan, which is the standard plan for officers at that department.   SUMMARY OF PROVISIONS: Section 1- Permits Officer Nicholas Moore to participate in the 384-d retirement plan, and requires the city of Plattsburgh to bear any asso- ciated costs. Section 2 - Permits Officer Joshua Golden to participate in the 384-d retirement plan, and requires the city of Plattsburgh to bear any asso- ciated costs. Section 3 - Permits Officer Nathan Kasprzak to participate in the 384-d retirement plan, and requires the city of Plattsburgh to bear any asso- ciated costs. Section 4 - Permits the city of Plattsburgh to elect to petition the state comptroller to change to the officers' status by resolution. Section 5 - Places all costs associated with implementation on the city of Plattsburgh. Section 6 - Provides effective date   JUSTIFICATION: For reasons not ascribable to their own negligence, Nicholas Moore, Joshua Golden and Nathan Kasprzak were enrolled in a twenty-five year retirement plan instead of the twenty-year, 384-d plan, in which other members of the Plattsburg Police Department are enrolled.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: See fiscal note   EFFECTIVE DATE: This act shall take effect immediately
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A09517 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9517
 
                   IN ASSEMBLY
 
                                     March 16, 2022
                                       ___________
 
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to authorize Nicholas Moore, Joshua Golden and Nathan Kasprzak to
          receive certain service credit under section 384-d of  the  retirement
          and social security law
 
          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  the city of Plattsburgh, a participating employer in the New York  state
     3  local  police  and  fire retirement system, is hereby authorized to make
     4  participation in the 384-d special twenty year retirement plan  pursuant
     5  to  section 384-d of the retirement and social security law available to
     6  Nicholas Moore, a police officer employed with  the  Plattsburgh  Police
     7  Department  with a start date of February 21, 2014, who, for reasons not
     8  ascribable to his own negligence, was enrolled in  the  special  twenty-
     9  five year retirement plan contained within section 384 of the retirement
    10  and social security law. Officer Moore shall be given full credit in the
    11  special  twenty  year plan contained within section 384-d of the retire-
    12  ment and social security law for such service upon election of the  city
    13  of Plattsburgh to assume the additional cost of such service.
    14    §  2.  Notwithstanding any other provision of law to the contrary, the
    15  city of Plattsburgh, a participating employer  in  the  New  York  state
    16  local  police  and  fire retirement system, is hereby authorized to make
    17  participation in the 384-d special twenty year retirement plan  pursuant
    18  to  section 384-d of the retirement and social security law available to
    19  Joshua Golden, a police officer employed  with  the  Plattsburgh  Police
    20  Department  with a start date of February 21, 2014, who, for reasons not
    21  ascribable to his own negligence, was enrolled in  the  special  twenty-
    22  five year retirement plan contained within section 384 of the retirement
    23  and  social  security  law. Officer Golden shall be given full credit in
    24  the special twenty year plan  contained  within  section  384-d  of  the
    25  retirement and social security law for such service upon election of the
    26  city of Plattsburgh to assume the additional cost of such service.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14926-02-2

        A. 9517                             2
 
     1    §  3.  Notwithstanding any other provision of law to the contrary, the
     2  city of Plattsburgh, a participating employer  in  the  New  York  state
     3  local  police  and  fire retirement system, is hereby authorized to make
     4  participation in the 384-d special twenty year retirement plan  pursuant
     5  to  section 384-d of the retirement and social security law available to
     6  Nathan Kasprzak, a police officer employed with the  Plattsburgh  Police
     7  Department  with a start date of February 28, 2014, who, for reasons not
     8  ascribable to his own negligence, was enrolled in  the  special  twenty-
     9  five year retirement plan contained within section 384 of the retirement
    10  and  social security law. Officer Kasprzak shall be given full credit in
    11  the special twenty year plan  contained  within  section  384-d  of  the
    12  retirement and social security law for such service upon election of the
    13  city of Plattsburgh to assume the additional cost of such service.
    14    §  4.  The  city  of Plattsburgh may so elect by filing with the state
    15  comptroller within 180 days of the effective date of this act, a  resol-
    16  ution  of  its  legislative  body, together with certification that such
    17  police officers did  not  bar  themselves  from  participation  in  such
    18  retirement  plan  as  a result of their own negligence. Thereafter, such
    19  officers may elect to be covered by the provisions of section  384-d  of
    20  the  retirement  and  social security law, and shall be entitled to full
    21  rights and benefits associated with the coverage under such section,  by
    22  filing  a  request  to this effect with the state comptroller within one
    23  year of the effective date of this act.
    24    §  5.  All  past  service  costs  associated  with  implementing   the
    25  provisions of this act shall be borne by the city of Plattsburgh and may
    26  be amortized over a period of five years.
    27    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow the City of Plattsburgh to reopen the provisions
        of  Section  384-d  of the Retirement and Social Security Law for police
        officers Nicholas Moore, Joshua Golden and Nathan Kasprzak.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate that there will be an increase  of  approximately  $9,700  in  the
        annual  contributions  of  the  City  of Plattsburgh for the fiscal year
        ending March 31, 2023. In future years, this cost will vary as the bill-
        ing rates and salary of Nicholas Moore, Joshua Golden and Nathan  Kaspr-
        zak change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately $69,400 which will be
        borne by the City of Plattsburgh as a one-time payment. This estimate is
        based on the assumption that payment will be made on February  1,  2023.
        If  the  City  of Plattsburgh elects to amortize this cost over a 5-year
        period, the cost for the first year including interest would be $15,500.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 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, 2021
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.

        A. 9517                             3
 
          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 7, 2022, and intended for use only during
        the 2022 Legislative Session, is Fiscal Note No. 2022-102,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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