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A04986 Summary:

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A04986 Floor Votes:

A04986 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3760--A                                            A. 4986--A
                                                                Cal. No. 223
 
                               2013-2014 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 14, 2013
                                       ___________
 
        IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Civil
          Service  and Pensions -- recommitted to the Committee on Civil Service

          and Pensions in accordance with Senate Rule 6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN  ASSEMBLY  --  Introduced by M. of A. MILLMAN, AUBRY -- read once and
          referred to the Committee on Governmental Employees -- advanced  to  a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading
 
        AN ACT to allow the New  York  state  and  local  employees'  retirement
          system  to  posthumously  establish a service retirement for Gustin L.
          Reichbach; and to amend chapter 43 of the laws of  2012,  relating  to
          allowing Gustin L.  Reichbach to obtain service credit for his service
          as  a  judge with the United Nations administration mission in Kosovo,
          in relation to the filing requirements for such service credit
 

          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  service  retirement  application  filed with the New York state and
     3  local employees' retirement system  by  Gustin  L.  Reichbach,  who  was
     4  employed  as  a  justice of the supreme court, second judicial district,
     5  was a member of such retirement system and who died  on  July  14,  2012
     6  prior  to  the effective date of his retirement, shall be deemed to have
     7  taken effect one day before the date of his death. If, within  one  year
     8  from  the effective date of this act, the administrator of the estate of
     9  Gustin L. Reichbach files a written request for such service  retirement
    10  with  the  administrative  head of said retirement system. The filing of

    11  such a request will constitute a waiver of any  rights  or  benefits  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06481-04-4
        S. 3760--A                          2                         A. 4986--A
 
     1  Article 15 disability retirement awarded to Gustin L. Reichbach pursuant
     2  to section 605 of the retirement and social security law.
     3    § 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing
     4  Gustin  L. Reichbach to obtain service credit for his service as a judge
     5  with the United Nations administration mission in Kosovo, is amended  to
     6  read as follows:
     7    Section 1. Notwithstanding any other provision of law to the contrary,

     8  Gustin  L. Reichbach, [currently serving] who died on July 14, 2012, and
     9  who served as a justice of the supreme court, second judicial  district,
    10  and  [an  active]  was  a  tier 4 member of the New York state and local
    11  employees' retirement system, shall be eligible  to  receive  additional
    12  service  credit for any time not already credited in such system for the
    13  period from September 1, 2003 through February 27,  2004,  during  which
    14  period  he  rendered service as a judge with the United Nations adminis-
    15  tration mission in Kosovo. The additional service credit  granted,  when
    16  added  to  the service already credited, shall not exceed a total of one
    17  year of credit for all service rendered in the fiscal year ending  March
    18  31, 2004. Any increase in benefits resulting from the additional service

    19  credit  provided by this act shall be retroactive to the date of retire-
    20  ment. Such additional credit shall be obtained  only  if  on  or  before
    21  December  31,  [2012] 2014, the administrator of the estate of Gustin L.
    22  Reichbach files a written request  for  such  service  credit  with  the
    23  administrative  head  of the said retirement system. All costs necessary
    24  to finance the granting of this service credit shall  be  borne  by  the
    25  state of New York.
    26    § 3. All costs associated with the implementation of this act shall be
    27  borne by the state of New York.
    28    § 4. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          This  bill  would  deem  the  service  retirement application filed by
        Gustin L. Reichbach, a justice of  the  Supreme  Court,  to  have  taken

        affect  one  day  before  his date of death. In addition, this bill will
        allow the administrator of his estate to file a written request with the
        New York State and Local Employees'  Retirement  System  for  additional
        service  credit  for service rendered as a judge with the United Nations
        War Crimes Tribunal in Kosovo from September 1,  2003  through  February
        27, 2004.
          If  this bill is enacted, there will be an immediate past service cost
        of approximately $115,000, which would be borne by the State of New York
        as a one-time payment. This estimate is based  on  the  assumption  that
        payment will be made on March 1, 2015.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2013  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2013

        Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2010,
        2011, 2012 and 2013  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, 2013
        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.
        S. 3760--A                          3                         A. 4986--A
 
          This  estimate,  dated  February  13,  2014, and intended for use only

        during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-75,
        prepared  by  the  Actuary  for  the New York State and Local Employees'
        Retirement System.