NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5053A
TITLE OF BILL:
An act granting retroactive tier IV membership in the New York state and
local employees' retirement system to Rebecca Leonard
PURPOSE OR GENERAL IDEA OF BILL:
Allows Rebecca Leonard, formerly Rebecca Abensur, who is currently a
member of Tier V of the New York State and Local Employees Retirement
System, and employed by Nassau County, to claim a benefit from her
original employment start date when she was an employee of a New York
State School District.
SUMMARY OF PROVISIONS:
Section 1: Allows the beneficiary of Rebecca Leonard, formerly Rebecca
Abensur, to receive a benefit based on the total service credit to which
she was entitled at the time of her employment start.
Section 2: Requires that all costs associated with this act be borne by
Section 3: Sets the effective date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
Updates the fiscal note.
Rebecca Leonard, formerly Rebecca Abensur was employed by the Half
Hollow Hills School District in November 2007. She was eligible to join
the pension system during this time, but declined. She did so as per
instructions from a superior. At the time she would have been eligible
for entrance into Tier IV. She is now an employee with Nassau County and
a member of Tier V. Had she entered the pension system in 2007, she
would be a member of Tier IV. This bill allows her to retroactively
enter the pension tier that she was entitled to in 2007.
PRIOR LEGISLATIVE HISTORY:
2021: A5053: Referred to Governmental Employees
2020: A.6931-A: Amended and Recommitted to Governmental Employees
2019: A.6931: Referred to Governmental Employees
2018: A.7498-A: Amended and Recommitted to Governmental Employees
2017: A.7498: Referred to Governmental Employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Refer to fiscal note on the bill.
This act shall take effect immediately.
STATE OF NEW YORK
2021-2022 Regular Sessions
February 10, 2021
Introduced by M. of A. STERN -- read once and referred to the Committee
on Governmental Employees -- recommitted to the Committee on Govern-
mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT granting retroactive tier IV membership in the New York state and
local employees' retirement system to Rebecca Leonard
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, Rebecca
2 Leonard, formerly Rebecca Abensur, a member of the New York state and
3 local employees' retirement system, who was employed in November 2007,
4 by Half Hollow Hills Central School District, who did not file a member-
5 ship application in such system until 2010, which gave her Tier V status
6 instead of Tier IV status, where she would have been had she filed a
7 membership application when she became a permanent employee in November
8 2007 may be deemed to have become a member of the New York state and
9 local employees' retirement system in November 2007 if, within one year
10 of the effective date of this act, she shall file with the state comp-
11 troller a written request to that effect. Upon the granting of such
12 retroactive membership, Rebecca Leonard shall not be granted a refund of
13 any employee contribution made by her to the New York state and local
14 employees' retirement system.
15 § 2. All past service costs associated with the implementation of this
16 act shall be borne by the county of Nassau.
17 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant Tier 4 status in the New York State and Local
Employees' Retirement System to Rebecca Leonard, a current Tier 5 member
employed by Nassau County, by changing her date of membership to Novem-
ber 2007, her first date of employment with the Half Hollow Hills
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 5053--A 2
Central School District. There will be no refund of member contrib-
If this legislation is enacted during the 2022 legislative session, we
anticipate that there will be an increase of approximately $1,400 in the
annual contributions of Nassau County for the fiscal year ending March
31, 2023. In future years, this cost will vary as the billing rates and
salary of Rebecca Leonard change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $22,000 which will be borne by Nassau
County as a one-time payment. This estimate is based on the assumption
that payment will be made on February 1, 2023.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
The actuarial assumptions and methods used are described in the 2020
and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes, Rules and Regulations of the State of New York: Audit and
The Market Assets and GASB Disclosures are found in the March 31, 2021
New York State and Local Retirement System Financial Statements and
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 December 7, 2021, and intended for use only
during the 2022 Legislative Session, is Fiscal Note No. 2022-6, prepared
by the Actuary for the New York State and Local Retirement System.