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S06937 Summary:

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S06937 Floor Votes:

S06937 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6937                                                  A. 9235
 
                SENATE - ASSEMBLY
 
                                      April 2, 2014
                                       ___________
 
        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, Chris Karwiel, Jessi-
          ca Strizzi and Taryn Ward
 
          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, 2014 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

    22  Tier IV status but for reasons not ascribable to his own negligence  and
    23  due to an administrative error, the application was not processed in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13413-02-4
        S. 6937                             2                            A. 9235
 
     1  usual  manner  and therefore not processed until September 13, 2011, may
     2  be deemed to have become a member  of  the  New  York  state  and  local
     3  employees'  retirement system on July 19, 2002, if on or before December
     4  31,  2014  he  shall  file  an application therefor with the state comp-
     5  troller. Upon the receipt of such application, Chris  Karwiel  shall  be

     6  granted  Tier  IV  status  in  the  New  York state and local employees'
     7  retirement system and be eligible for all the rights and benefits there-
     8  of. No contributions made to the New York  state  and  local  employees'
     9  retirement  system by Chris Karwiel shall be returned to him pursuant to
    10  this act.
    11    § 3. Notwithstanding any other provision of law,  Jessica  Strizzi,  a
    12  member of the New York state and local employees' retirement system, who
    13  was  employed  on  June  28,  2007,  by the village of Green Island as a
    14  recreation assistant, and who  filed  membership  applications  in  such
    15  system  on  June 28, 2007 which should have given her Tier IV status but
    16  for reasons not ascribable to her own negligence and due to an  adminis-
    17  trative error, the application was not processed in the usual manner and
    18  therefore not processed until July 9, 2012, may be deemed to have become

    19  a member of the New York state and local employees' retirement system on
    20  June  28,  2007,  if  on  or  before December 31, 2014 she shall file an
    21  application therefor with the state comptroller.  Upon  the  receipt  of
    22  such application, Jessica Strizzi shall be granted Tier IV status in the
    23  New  York  state  and local employees' retirement system and be eligible
    24  for all the rights and benefits thereof. No contributions  made  to  the
    25  New York state and local employees' retirement system by Jessica Strizzi
    26  shall be returned to her pursuant to this act.
    27    §  4. Notwithstanding any other provision of law, Taryn Ward, a member
    28  of the New York state and local employees' retirement  system,  who  was
    29  employed  on  May  27, 2008, by the village of Green Island as an office
    30  assistant and member of the park staff, and who filed membership  appli-

    31  cations  in such system on May 27, 2008 which should have given her Tier
    32  IV status but for reasons not ascribable to her own negligence  and  due
    33  to  an  administrative  error,  the application was not processed in the
    34  usual manner and therefore not processed until July  19,  2012,  may  be
    35  deemed  to  have become a member of the New York state and local employ-
    36  ees' retirement system on May 27, 2008, if on  or  before  December  31,
    37  2014  she shall file an application therefor with the state comptroller.
    38  Upon the receipt of such application, Taryn Ward shall be  granted  Tier
    39  IV  status  in the New York state and local employees' retirement system
    40  and be eligible for all the rights and  benefits  thereof.  No  contrib-
    41  utions made to the New York state and local employees' retirement system
    42  by Taryn Ward shall be returned to her pursuant to this act.

    43    § 5. Any past service costs incurred in implementing the provisions of
    44  this act shall be borne by the village of Green Island.
    45    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  will allow four employees of the Village of Green Island -
        Jill Alix, Chris Karwiel, Jessica Strizzi and Taryn Ward  -  to  receive
        retroactive  dates of membership in the New York State and Local Employ-
        ees' Retirement System, thereby making them Tier 4 members.
          If this bill is enacted and all four members become covered under  the
        provisions  of  Tier  4, we anticipate that there will be an increase of
        approximately $4,800 in the annual contributions of the Village of Green
        Island for the fiscal year ending March 31, 2015. There also will be  an
        increase of approximately $2,800 in annual contributions of the State of

        New  York  for  the fiscal year ending March 31, 2015 on behalf of Taryn
        S. 6937                             3                            A. 9235
 
        Ward, who is currently employed by the State. In future years, this cost
        will vary as the billing rates and salary of the four  affected  members
        change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately $6,550 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,
        2015
          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, 2013  actuarial  valu-

        ation.    Distributions  and  other  statistics can be found in the 2013
        Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2010,
        2011, 2012 and 2013  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, 2013
        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 January 14, 2014 and intended for use only during
        the  2014  Legislative  Session, is Fiscal Note No. 2014-52, prepared by

        the Actuary for the New  York  State  and  Local  Employees'  Retirement
        System.