STATE OF NEW YORK
________________________________________________________________________
5629--A
2023-2024 Regular Sessions
IN SENATE
March 9, 2023
___________
Introduced by Sen. OBERACKER -- 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 the granting of retirement service credit in the New
York state and local police and fire retirement system to Michael V.
Layman for service as a university police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any inconsistent provision of law, Michael
2 V. Layman a retiree of the New York state and local police and fire
3 retirement system who was employed as a Zone Sergeant until his retire-
4 ment on November 29, 2020, and who was a member of the New York state
5 and local employees' retirement system while employed as a university
6 police officer by the State University of New York at Cortland the State
7 University of New York at Delhi, and the State University of New York at
8 Oneonta from May 26, 1988 until March 30, 1992, which service is not
9 deemed to be police service for purposes of the New York state and local
10 police and fire retirement system pursuant to section 381-b of the
11 retirement and social security law, shall be granted retirement service
12 credit pursuant to section 381-b of the retirement and social security
13 law for such employment as a university police officer at the State
14 University of New York at Cortland, the State University of New York at
15 Delhi, and the State University of New York at Oneonta as if such
16 service was rendered with the division of state police prior to his
17 retirement and have his retirement benefit recalculated as of November
18 29, 2020, if, on or before December 31, 2024, he shall file a written
19 request to that effect with the state comptroller.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06604-05-4
S. 5629--A 2
1 § 2. All service costs attributable to the operation of this act shall
2 be borne by the state of New York.
3 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Michael V. Layman, a retiree of the New York
State and Local Police and Fire Retirement System and former New York
State Police officer, additional service creditable for time worked as a
university police officer. Such service is only creditable under a State
Police plan upon the completion of 20 years and the successful
completion of a course of law enforcement training within one year of
the date of appointment.
If this bill is enacted during the 2024 Legislative Session, there
will be an immediate past service cost of approximately $122,000 which
will be borne by the State of New York as a one-time payment. This esti-
mate assumes that payment will be made on March 1, 2025.
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 January 25, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-101,
prepared by the Actuary for the New York State and Local Retirement
System.