A09375 Summary:

BILL NOA09375
 
SAME ASSAME AS S03723-A
 
SPONSORHawley
 
COSPNSRNorris
 
MLTSPNSR
 
 
Authorizes the county of Orleans to offer an optional twenty year retirement plan to Ryan Flaherty, a deputy sheriff employed by such county.
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A09375 Actions:

BILL NOA09375
 
02/23/2022referred to governmental employees
05/10/2022reported referred to ways and means
05/23/2022reported referred to rules
05/24/2022reported
05/24/2022rules report cal.420
05/24/2022ordered to third reading rules cal.420
05/24/2022home rule request
05/24/2022passed assembly
05/24/2022delivered to senate
05/24/2022REFERRED TO CIVIL SERVICE AND PENSIONS
06/02/2022SUBSTITUTED FOR S3723A
06/02/20223RD READING CAL.1640
06/02/2022HOME RULE REQUEST
06/02/2022PASSED SENATE
06/02/2022RETURNED TO ASSEMBLY
11/21/2022delivered to governor
11/21/2022signed chap.608
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A09375 Committee Votes:

GOVERNMENTAL EMPLOYEES Chair:Abbate DATE:05/10/2022AYE/NAY:14/0 Action: Favorable refer to committee Ways and Means
AbbateAyeDeStefanoAye
AubryAyeReillyAye
ColtonAyeGiglioAye
CusickAyeTannousisAye
ZebrowskiAye
SantabarbaraAye
Pheffer AmatoAye
GriffinAye
EichensteinAye
FallAye

WAYS AND MEANS Chair:Weinstein DATE:05/23/2022AYE/NAY:30/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanAyeHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushExcused
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickExcusedByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosExcused
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanExcused
SeawrightAye
HyndmanExcused
WalkerAye
Bichotte HermelAye

RULES Chair:Gottfried DATE:05/24/2022AYE/NAY:29/0 Action: Favorable
HeastieExcusedBarclayExcused
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye
HyndmanAye

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A09375 Floor Votes:

DATE:05/24/2022Assembly Vote  YEA/NAY: 147/1
Yes
Abbate
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Abinanti
Yes
Colton
Yes
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Anderson
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Angelino
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Ashby
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Aubry
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barclay
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barnwell
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Barrett
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Benedetto
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Brabenec
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
ER
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown E
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Brown K
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burdick
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burgos
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Burke
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Buttenschon
No
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrne
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Byrnes
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Cahill
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
Yes
Carroll
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon

‡ Indicates voting via videoconference
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A09375 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9375
 
                   IN ASSEMBLY
 
                                    February 23, 2022
                                       ___________
 
        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to authorize the county of  Orleans to offer an optional twenty
          year retirement plan to Ryan Flaherty, a deputy  sheriff  employed  by
          such county
 
          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  Ryan Flaherty, a member of the optional twenty-five year retirement plan
     3  for certain sheriffs,  undersheriffs,  deputy  sheriffs  and  correction
     4  officers  pursuant to section 89-l of the retirement and social security
     5  law, who was employed by the Orleans county sheriff's office as of Janu-
     6  ary 23, 2005, and who through no fault of his  own,  failed  to  file  a
     7  timely  application to participate in the special twenty year retirement
     8  plan contained in section 553 of the retirement and social security  law
     9  resulting  in the crediting of his service with the county of Orleans in
    10  the retirement plan contained in section 89-l  of  such  law,  shall  be
    11  given  full  credit  in  the section 553 twenty year retirement plan for
    12  such service upon the election of the county of Orleans  to  assume  the
    13  additional  cost of such service and his election to participate in such
    14  plan. The county of Orleans may so elect within one year of  the  effec-
    15  tive date of this act, by filing with the state comptroller a resolution
    16  of  its  local  legislative  body  together with certification that such
    17  member did not bar himself from participation in such retirement plan as
    18  a result of his own negligence.
    19    § 2. Such deputy sheriff may elect to be covered by the provisions  of
    20  section 553 of the retirement and social security law and shall be enti-
    21  tled to the full rights and benefits associated with coverage under such
    22  section  by  filing  a request to that effect with the state comptroller
    23  within eighteen months of the effective date of this act.
    24    § 3. All employer past service costs associated with  the  implementa-
    25  tion  of this act shall be borne by Orleans county, and may be amortized
    26  over a period of five years.
    27    § 4. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08021-02-2

        A. 9375                             2
 
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would allow Ryan Flaherty, a current member of the New York
        State and Local Employees' Retirement System employed as a deputy  sher-
        iff  by  Orleans County and covered under the 25-year retirement plan of
        section 89-I of the Retirement and Social Security Law (RSSL), to  elect
        to be covered under the 20-year plan of section 553 of the RSSL.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate  that  there  will  be  an increase of approximately $3,500 in the
        annual contributions of Orleans County for the fiscal year ending  March
        31,  2023. In future years, this cost will vary as the billing rates and
        salary of Ryan Flaherty change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $143,000 which  will  be
        borne by Orleans County as a one-time payment. This estimate is based on
        the assumption that payment will be made on February 1, 2023. If Orleans
        County  elects  to amortize this cost over a 5-year period, the cost for
        the first year including interest would be $32,000.
          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.
          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  February  14,  2022, and intended for use only
        during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-69,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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