STATE OF NEW YORK
________________________________________________________________________
1504--A
2023-2024 Regular Sessions
IN SENATE
January 12, 2023
___________
Introduced by Sen. GALLIVAN -- 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 commit-
tee
AN ACT to authorize Timothy Colling to receive certain 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, Timothy Coll-
2 ing, currently a Town of Hamburg police officer and member of the New
3 York state and local police and fire retirement system covered by
4 section 384-d of the retirement and social security law, who between
5 July 30, 2007 and January 5, 2014 was employed by the Erie County Sher-
6 iff's Department where he was a member of the New York state and local
7 employees' retirement system, and who, for reasons not ascribable to his
8 own negligence, was not granted service credit under section 384-d of
9 the retirement and social security law for his period of employment with
10 the Erie County Sheriff's Department, shall be granted such service
11 credit under section 384-d of the retirement and social security law and
12 shall be entitled to the full rights and benefits associated with cover-
13 age under such section, provided a request to that effect is filed with
14 the state comptroller within one year from the effective date of this
15 act.
16 § 2. All past service costs incurred in implementing the provisions of
17 this act shall be borne by the Town of Hamburg.
18 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant service credit under section 384-d of the
Retirement and Social Security Law to Timothy Colling, a current member
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00549-03-4
S. 1504--A 2
of the New York State and Local Police and Fire Retirement System
(NYSLPFRS) employed by the Town of Hamburg, for the period of July 30,
2007 through January 5, 2014, during which time they were employed as a
deputy sheriff in Erie County. Currently, deputy sheriff service is not
creditable in a NYSLPFRS twenty-year police retirement plan.
If this bill is enacted during the 2024 Legislative Session, there
will be an immediate past service cost of approximately $420,000 which
will be borne by the Town of Hamburg as a one-time payment. This esti-
mate assumes that payment will be made on February 1, 2025.
This bill will not increase the future annual contributions of the
Town of Hamburg.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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, 2023
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, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-56,
prepared by the Actuary for the New York State and Local Retirement
System.
