Relates to allowing Thomas P. Lasher to join the special retirement plan for sheriffs, undersheriffs and deputy sheriffs

Title of bill

An act relating to allowing Carolyn B. Lasher to posthumously elect to participate in the special retirement plan for deputy sheriffs, on behalf of Thomas P. Lasher who was employed by the county of Dutchess

Purpose

This bill would allow Carolyn B. Lasher, as the designated beneficiary of Thomas P. Lasher, to elect to receive the 89-p service retirement benefit that he would have been otherwise eligible to receive instead of the disability retirement benefit.

Summary of provisions

Section 1 would allow Carolyn Lasher, the designated beneficiary of deceased retiree Thomas Lasher to receive the service retirement benefit retroactive to September 24, 2012, if Dutchess County so elects by filing a resolution with the Comptroller, along with certification that Thomas Lasher did not bar himself from participation in such retirement plan as a result of his own negligence.

Section 2 requires Dutchess County to incur past service costs.

Section 3 sets an immediate effective date.

Justification

In May 2002, Thomas P. Lasher was contacted by the State Comptroller's Office informing him that under Section 645 of the Retirement and Social Security Law, also known as the Tier Reinstatement legislation, he was eligible for benefits provided by Section 645. The letter further stated "A reinstatement to a previous membership status will result in an increased retirement allowance based on the earlier date of membership and increased service credit." Based upon this information, Thomas Lasher filed for tier reinstatement which altered his date of membership to June 18, 1979, rather than the December 8, 1987, which had been his start date with the Dutchess County Sheriff's Office.

It was not until July 2012 when Thomas Lasher met with a representative from the New York State Retirement System that he discovered that he was in the wrong tier for his 25 Year Police retirement benefits as the tier reinstatement action he was told would be beneficial actually put him in Tier 3 and changed his 89-p eligibility, as Tier 3 members are not allowed to transition to 89-p retirement. Learning that his change in tier membership actually diminished his benefits, he took action to change to his status through special legislation. Records prove Thomas Lasher reached out to his former senator to request a tier reinstatement bill. It was told to Lt. Lasher at that time that a bill would be introduced on his behalf when the Senate reconvened session in 2013.

One month later in September 2012, Thomas Lasher became suddenly ill and was taken to the hospital for surgery. Within a week of his surgery, Thomas Lasher became ill due to complications related to the surgery and he was advised to apply for disability retirement which was done and postmarked on September 24th. Lt. Thomas Lasher passed away on September 25th.

In 2015, Carolyn Lasher, was advised that special legislation may be considered given her husband's unique and tragic circumstances that lead to his family being denied the retirement benefits under 89-p through no fault of his own. This legislation, if adopted, would correct an error discovered shortly before his passing and allow the family of Lt. Thomas P. Lasher to receive the retirement benefits he worked so hard to provide.

Legislative history

New bill.

Fiscal implications

Past service cost of $214,000 would be paid by Dutchess County.

Effective date

Immediately.