Grants past service credit in the New York state teachers' retirement system to Robin Levine

Summary of provisions

Section 1. Notwithstanding any other provision of law, Robin Levine, a member of the New York state teachers' retirement system, who started working in the Greenburgh-North Castle Union Free School District on September 1, 1988 as an employee of St. Christopher's Inc., a private employer, and who was ineligible to file a membership application in the New York state teachers' retirement system at such time may be deemed to have become a member of the New York state teachers' retirement system on September 1, 1988 and have her service credited as if it was performed for a participating employer if on or before December 31, 2015 she shall file with the head of the New York state teachers' retirement system a written request to that effect. Upon granting of such retroactive membership, Robin Levine shall not be granted a refund of any employee contribution made by her to the New York state teachers' retirement system.

§ 2. Any costs associated or incurred in implementing the provisions of this act shall be borne by Greenburgh-North Castle Union Free School.

§ 3. This act shall take effect immediately.

Justification

The Greenburgh-North Castle Union Free School District is requesting Dr. Robin Levine receive credit for prior service. Dr. Levine should have been placed in the Teachers Retirement System but instead was treated as an independent contractor by St Christopher's. From the beginning on September 1, 1988 and continuing through 1994, Dr. Levine was the fulltime school psychologist for Greenburgh North Castle Union Free School District. From 1994 through August 13, 2001, Dr. Levine served as Chairperson of the Committee on Special Education for students of GNC UFSD. From 1998 forward Dr. Levine 's office was housed in the District. The students she serviced were all district students and she worked under immediate supervision and direction of district administration. Dr. Levine did not perform duties for St. Christopher's Inc and they did not hold any control or supervision over Dr. Levine. Dr. Levine provided direct services to the students of Greenburgh North Castle Union Free School District. After reviewing Dr. Levine's employment history, the GNC UFSD is convinced that for the entire period beginning September 1998 and continuing to Date, Dr. Levine has always been an employee of the district. The district therefore believes she should have received the teachers retirement system credit for this service and requests that the TRS grant her retroactive membership for the period beginning September 1998 through the present.

Legislative history

2014 - Latimer REFERRED TO CIVIL SERVICE AND PENSIONS

Fiscal implications

This bill would allow Robin Levine, an active member of the New York State Teachers' Retirement System with Tier 4 status, to receive service credit for her employment with St. Christopher's Inc., a private employer, from September 1, 1988 through August 31, 2001 and to have her date of membership changed to September 1, 1988. Ms. Levine must file a written request with the head of the New York State Teachers' Retirement System on or before December 31, 2015 to that effect. The cost of this benefit is equal to the increase in the present value of liabilities, which is estimated to be $323,000.

The source of this estimate is Fiscal Note 2015-19 dated March 20, 2015 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2015 Legislative Session. I, Richard A. Young, am the Actuary for the New York State Teachers' Retirement System. I am a member of the American Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein.

Effective date

This act shall take effect immediately.