A10796 Summary:

BILL NOA10796
 
SAME ASSAME AS S08742
 
SPONSORRules (Griffin)
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes Thomas Smith to receive credit under the optional twenty-year retirement plan of the retirement and social security law available to police officers.
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A10796 Actions:

BILL NOA10796
 
07/10/2020referred to governmental employees
07/16/2020reported referred to ways and means
07/17/2020reported referred to rules
07/21/2020reported
07/21/2020rules report cal.283
07/21/2020ordered to third reading rules cal.283
07/22/2020home rule request
07/22/2020passed assembly
07/22/2020delivered to senate
07/22/2020REFERRED TO RULES
07/22/2020SUBSTITUTED FOR S8742
07/22/20203RD READING CAL.1003
07/22/2020HOME RULE REQUEST
07/22/2020PASSED SENATE
07/22/2020RETURNED TO ASSEMBLY
10/30/2020delivered to governor
11/11/2020signed chap.266
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A10796 Committee Votes:

GOVERNMENTAL EMPLOYEES Chair:Abbate DATE:07/16/2020AYE/NAY:14/0 Action: Favorable refer to committee Ways and Means
AbbateAyeMalliotakisAye
AubryAyeJohnsAye
ColtonAyePalumboAye
CusickAyeDeStefanoAye
ZebrowskiAye
DenDekkerAye
SantabarbaraAye
Pheffer AmatoAye
RyanAye
GriffinAye

WAYS AND MEANS Chair:Weinstein DATE:07/17/2020AYE/NAY:31/1 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
LentolAyeCrouchAye
SchimmingerExcusedFitzpatrickNay
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeMontesanoAye
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAye
CusickAye
OrtizExcused
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye
JoynerAye

RULES Chair:Heastie DATE:07/21/2020AYE/NAY:26/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
NolanAyeHawleyAye
WeinsteinAyeGiglioAye
OrtizExcusedMalliotakisAye
PretlowAyeBlankenbushAye
CookExcusedNorrisAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye

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A10796 Floor Votes:

DATE:07/22/2020Assembly Vote  YEA/NAY: 136/6
Yes
Abbate
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
Yes
Abinanti
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Stec
Yes
Arroyo
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Steck
Yes
Ashby
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Stern
Yes
Aubry
Yes
Darling
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stirpe
Yes
Barclay
Yes
Davila
Yes
Griffin
Yes
McDonough
Yes
Ramos
Yes
Tague
Yes
Barnwell
Yes
De La Rosa
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Taylor
Yes
Barrett
Yes
DenDekker
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Thiele
No
Barron
Yes
DeStefano
Yes
Hevesi
Yes
Miller B
ER
Richardson
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hunter
Yes
Miller MG
Yes
Rivera
No
Walczyk
Yes
Bichotte
Yes
Dilan
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Jacobson
Yes
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Blankenbush
No
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal L
Yes
Walsh
Yes
Brabenec
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Braunstein
Yes
Eichenstein
Yes
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Bronson
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Salka
Yes
Williams
Yes
Buchwald
Yes
Epstein
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Burke
No
Fahy
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
Yes
Buttenschon
Yes
Fall
Yes
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Byrne
Yes
Fernandez
Yes
Lalor
Yes
Otis
Yes
Schmitt
Yes
Mr. Speaker
Yes
Byrnes
ER
Finch
Yes
Lavine
Yes
Palmesano
Yes
Seawright
Yes
Cahill
No
Fitzpatrick
Yes
Lawrence
Yes
Palumbo
Yes
Simon
Yes
Carroll
Yes
Friend
Yes
Lentol
Yes
Paulin
Yes
Simotas
Yes
Colton
Yes
Frontus
Yes
Lifton
No
Peoples-Stokes
Yes
Smith
Yes
Cook
Yes
Galef
Yes
LiPetri
Yes
Perry
Yes
Smullen

‡ Indicates voting via videoconference
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A10796 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10796
 
                   IN ASSEMBLY
 
                                      July 10, 2020
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Griffin) --
          read once and referred to the Committee on Governmental Employees
 
        AN ACT to authorize the village of Malverne, in the county of Nassau, to
          offer a twenty-year retirement plan to police officer Thomas Smith
 
          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  village  of  Malverne,  in  the  county  of Nassau, a participating
     3  employer in the New York state and  local  police  and  fire  retirement
     4  system,  which  previously  elected  to  offer  the optional twenty-year
     5  retirement plan, established pursuant to section 384-d of the retirement
     6  and social security law, to police officers employed by such village, is
     7  hereby authorized to make participation in such plan available to Thomas
     8  Smith, a police officer employed by the village of  Malverne,  who,  for
     9  reasons  not  ascribable  to his own negligence, failed to make a timely
    10  application to participate in such optional twenty-year retirement plan.
    11  The village of Malverne may so elect by  filing  with  the  state  comp-
    12  troller,  within  12  months of the effective date of this act, a resol-
    13  ution of the village board of trustees together with certification  that
    14  such  police  officer  did  not  bar  himself from participation in such
    15  retirement plan as a result of  his  own  negligence.  Thereafter,  such
    16  police  officer  may  elect  to  be covered by the provisions of section
    17  384-d of the retirement and social security law, and shall  be  entitled
    18  to  the  full  rights  and  benefits associated with coverage under such
    19  section, by filing a request to that effect with the  state  comptroller
    20  within 6 months of the village of Malverne's filing.
    21    §  2.  All  past  costs associated with implementing the provisions of
    22  this act shall be borne by the village of Malverne, and may be amortized
    23  over a period of ten years.
    24    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow Thomas Smith, a member of the New York State and
        Local Police and Fire Retirement System (PFRS) employed by  the  Village
        of  Malverne  and  currently covered under an age 55 retirement plan, to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16890-03-0

        A. 10796                            2
 
        elect to participate in the  20  year  retirement  plan  established  by
        Section 384-d of the Retirement and Social Security Law.
          If this bill is enacted during the 2020 legislative session and Thomas
        Smith  becomes  covered under the provisions of Section 384-d, we antic-
        ipate that there will be an increase of  approximately  $13,000  in  the
        annual  contributions  of  the  Village  of Malverne for the fiscal year
        ending March 31, 2021. In future years, this cost will vary as the bill-
        ing rates and salary of Thomas Smith change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $101,000 which  will  be
        borne by the Village of Malverne as a one-time payment. This estimate is
        based  on  the assumption that payment will be made on February 1, 2021.
        If the Village of Malverne elects to amortize this cost over a  10  year
        period, the cost for the first year including interest would be $13,300.
          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 July 10, 2020, and intended for use  only  during
        the  2020  Legislative Session, is Fiscal Note No. 2020-127, prepared by
        the Actuary for the New York State and Local Retirement System.
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