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A09754 Summary:

BILL NOA09754
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the city of Mount Vernon, in the county of Westchester, to pay to firefighters Henry George Thomas and Christopher Francis the difference between their retirement allowance and the amount of their regular salary or wage at the time of retirement.
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A09754 Actions:

BILL NOA09754
 
02/10/2020referred to governmental employees
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A09754 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9754
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to authorize the city of Mount Vernon, in the county of Westches- ter, to pay to Henry George Thomas and Christopher Francis the differ- ence between their retirement allowance and the amount of their regular salary or wage at the time of retirement   PURPOSE: (Authorizes the city of Mount Vernon to pay to firefighters Henry George Thomas and Christopher Francis a certain amount of retirement)   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Notwithstanding any provision of section 207-a § 2. No provision of this act shall be deemed to create any right or privilege for any other employee of the city of Mount Vernon. § 3.This cost shall be borne by the city of Mount Vernon. § 4. Effec- tive date   JUSTIFICATION: The City of Mt. Vernon is requesting special state legislation that would allow the city of Mount Vernon to enter into an agreement with Christopher Francis and Henry George Thomas. Unfortunately at the time of retirement Mr. Francis did not withdraw from the 384D special plan. Both retirees did not revert back to the basic 3751 plan prior to their retirement under the 363C disability as per the NYS Disability Calcu- lation Unit. The city of Mount Vernon is willing to pay Christopher Francis and Henry George Thomas the difference between their base annual salary they would have received if they had remained employed pursuant to section 207-a of the General Municipal law. This legislation would permit Mr. Francis and Mr. Thomas to receive their GML 207a (2) benefits from the city of Mount Vernon to the age of seventy (70).   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: Fiscal note attached 2020-48   EFFECTIVE DATE: This act shall take effect immediately.
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A09754 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9754
 
                   IN ASSEMBLY
 
                                    February 10, 2020
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Governmental Employees
 
        AN ACT to authorize the city of Mount Vernon, in the county of Westches-
          ter, to pay to Henry George Thomas and Christopher Francis the differ-
          ence between their retirement allowance and the amount of their  regu-
          lar salary or wage at the time of retirement

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any  provision  of  section  207-a  of  the
     2  general  municipal law to the contrary, the city of Mount Vernon, in the
     3  county of Westchester, acting by and through its city council, is hereby
     4  authorized to enter into an  agreement  with  Henry  George  Thomas  and
     5  Christopher  Francis,  firefighters  employed  by the fire department of
     6  such city; whereby upon Henry George  Thomas  and  Christopher  Francis'
     7  retirement  pursuant to section 384-d of the retirement and social secu-
     8  rity law, which agreement provides that the city of  Mount  Vernon  will
     9  pay  Henry  George Thomas and Christopher Francis the difference between
    10  the base annual salary  they  would  have  received  had  they  remained
    11  employed  pursuant  to  subdivision  1  of  section 207-a of the general
    12  municipal law until mandatory retirement and their retirement  allowance
    13  (computed  at option zero amount), plus the workers' compensation income
    14  benefit, if any, received by Henry George Thomas and Christopher Francis
    15  after their retirement date.
    16    § 2. Except as specifically provided in this act, no provision of this
    17  act shall be deemed to create any  right  or  privilege  for  any  other
    18  employee of the city of Mount Vernon.
    19    §  3.  All  costs  of implementing the provisions of this act shall be
    20  borne by the city of Mount Vernon.
    21    § 4. This act shall take effect immediately.
          FISCAL NOTE.--This bill authorizes the city of Mount Vernon  to  enter
        into  an  agreement  with  Henry  George Thomas and Christopher Francis,
        firefighters employed by the fire department of  the  city  and  retired
        with performance of duty disability benefits from the New York State and
        Local  Police  and  Fire  Retirement  System,  whereby the city of Mount
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09933-03-0

        A. 9754                             2
 
        Vernon will pay them the difference between the base annual salary  they
        would have received had they remained employed pursuant to section 207-a
        of  the  General  Municipal Law until mandatory retirement age and their
        retirement  allowance  plus  any  workers'  compensation income received
        after the date of retirement.
          If this bill is enacted, there is no cost to the New  York  State  and
        Local Police and Fire Retirement System.
          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, 2019  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018 and 2019 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, 2019
        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  6,  2020,  and intended for use only
        during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-48,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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