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S04754 Summary:

S04754 Actions:

S04754 Committee Votes:

S04754 Floor Votes:

S04754 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4754                                                  A. 6938
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     April 15, 2015
                                       ___________
 
        IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Civil Service
          and Pensions
 
        IN ASSEMBLY -- Introduced by M. of A. McDONALD -- read once and referred
          to the Committee on Governmental Employees
 
        AN ACT granting retroactive tier IV membership in the New York state and
          local employees' retirement system to Jill Alix and Chris Karwiel
 
          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,  Jill  Alix,  a
     2  member of the New York state and local employees' retirement system, who
     3  was  employed  on  June  20,  2008,  by the village of Green Island as a
     4  recreation director, and  who  filed  membership  applications  in  such
     5  system  on  June 20, 2008 which should have given her Tier IV status but
     6  for reasons not ascribable to her own negligence and due to an  adminis-
     7  trative error, the application was not processed in the usual manner and
     8  therefore  not  processed until December 17, 2012, may be deemed to have
     9  become a member of the New York state and  local  employees'  retirement
    10  system  on  June  20,  2008, if on or before December 31, 2015 she shall
    11  file an application therefor with  the  state  comptroller.    Upon  the
    12  receipt  of  such application, Jill Alix shall be granted Tier IV status
    13  in the New York state and local  employees'  retirement  system  and  be
    14  eligible  for all the rights and benefits thereof. No contributions made
    15  to the New York state and local employees'  retirement  system  by  Jill
    16  Alix shall be returned to her pursuant to this act.
    17    §  2.  Notwithstanding  any  other  provision of law, Chris Karwiel, a
    18  member of the New York state and local employees' retirement system, who
    19  was employed on July 19, 2002, by the  village  of  Green  Island  as  a
    20  recreation  assistant  and  office  assistant,  and who filed membership
    21  applications in such system on July 19, 2002 which should have given him
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06292-05-5
        S. 4754                             2                            A. 6938
 
     1  Tier IV status but for reasons not ascribable to his own negligence  and
     2  due to an administrative error, the application was not processed in the
     3  usual  manner  and therefore not processed until September 13, 2011, may
     4  be  deemed  to  have  become  a  member  of the New York state and local
     5  employees' retirement system on July 19, 2002, if on or before  December
     6  31,  2015  he  shall  file  an application therefor with the state comp-
     7  troller. Upon the receipt of such application, Chris  Karwiel  shall  be
     8  granted  Tier  IV  status  in  the  New  York state and local employees'
     9  retirement system and be eligible for all the rights and benefits there-
    10  of. No contributions made to the New York  state  and  local  employees'
    11  retirement  system by Chris Karwiel shall be returned to him pursuant to
    12  this act.
    13    § 3. Any past service costs incurred in implementing the provisions of
    14  this act shall be borne by the village of Green Island.
    15    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill will allow Jill Alix and Chris  Karwiel,  employees  of  the
        Village  of  Green Island, to receive retroactive dates of membership in
        the New York State  and  local  Employees'  Retirement  System,  thereby
        making them Tier 4 members.
          If  this  bill  is  enacted  and both members become covered under the
        provisions of Tier 4, we anticipate that there will be an increase    of
        approximately $3,400 in the annual contributions of the Village of Green
        Island  for the fiscal year ending March 31, 2016. In future years, this
        cost will vary as the billing rates and salaries of the affected members
        change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $19,900 which  would  be
        borne  by  the Village of Green Island as a one-time payment. This esti-
        mate is based on the assumption that payment will be made on February 1,
        2016.
          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, 2014 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2014
        Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2010,
        2011,  2012, 2013 and 2014 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, 2014
        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 estimate, dated March 27, 2015, and intended for use only  during
        the  2015  Legislative  Session, is Fiscal Note No. 2015-92, prepared by
        the Actuary for the New  York  State  and  Local  Employees'  Retirement
        System.