A05053 Summary:

Relates to granting retroactive tier IV membership in the NY state and local employees' retirement system for Rebecca Leonard.
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A05053 Actions:

02/10/2021referred to governmental employees
01/05/2022referred to governmental employees
01/21/2022amend and recommit to governmental employees
01/21/2022print number 5053a
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A05053 Committee Votes:

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A05053 Floor Votes:

There are no votes for this bill in this legislative session.
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A05053 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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 Nassau County. Section 3: Sets the effective date   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: Updates the fiscal note.   JUSTIFICATION: 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.   EFFECTIVE DATE: This act shall take effect immediately.
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A05053 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    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
        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 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.
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