What's happening
This bill allows Patrick Humiston, a Buffalo police officer, to receive retroactive retirement service credit for his prior employment as an Erie County deputy sheriff, with related costs paid by the city of Buffalo.
Why it matters
Addresses a gap in retirement benefits. by allowing a police officer to count prior deputy sheriff service toward a more generous police-specific pension plan, potentially setting a precedent for similar cases.
Shifts financial responsibility. for the retroactive pension cost—estimated at $231,000—entirely onto the City of Buffalo, impacting the city’s budget, even though there’s no ongoing increase in annual pension contributions.
Raises equity and administrative questions. about how exceptions to standard pension rules are handled, and whether other employees in similar situations might seek the same benefit through legislative action.
Could influence recruitment or retention. by demonstrating that the legislature and local governments may act to resolve individual service credit issues, potentially making public safety careers more attractive.
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Who cares
Patrick Humiston, Buffalo police officer
He would receive credit toward his police retirement benefits for his Erie County deputy sheriff service from November 12, 2002, through August 21, 2006, if he files a request within one year of the bill taking effect.
City of Buffalo
The city would bear all past service costs, estimated in the fiscal note at approximately $231,000 as a one-time payment.
State comptroller and New York State and Local Police and Fire Retirement System
They would administer Humiston’s request and credit prior deputy sheriff service that the fiscal note says is not currently creditable in a twenty-year police retirement plan.
Headline styles
Credit Sheriff for Police Service
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restore Police Service Credit
In Assembly Committee · Governmental Employees · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10765
IN ASSEMBLY
May 17, 2018
Introduced by M. of A. BOHEN -- read once and referred to the Committee on Governmental Employees
AN ACT to authorize Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law, Patrick Humiston, currently a city of Buffalo police officer and member of the New York State and local police and fire retirement system covered under section 384-d of the retirement and social security law, who for a period beginning November 12, 2002 and ending August 21, 2006, was employed as a deputy sheriff by the Erie County Sheriff's Department where he was a member of the New York state and local employees' retirement system, and who, for reasons not ascribable to his own negligence, was not granted service credit under section 384-d of the retirement and social security law for his period of employment with the Erie County Sheriff's Department, shall be granted such service credit under section 384-d of the retirement and social security law and shall be entitled to the full rights and benefits associated with coverage under such section as well as section 384-e of such law, provided that a request to that effect is filed with the state comptroller within one year from the effective date of this act.
§ 2. All past service costs incurred in implementing the provisions of this act shall be borne by the city of Buffalo.
§ 3. This act shall take effect immediately.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill will grant service credit under section 384-d together with
section 384-e of the Retirement and Social Security Law to Patrick Humi-
ston, a current member of the Police and Fire Retirement System, for the
period of November 12, 2002 through August 21, 2006 during which he was
employed as a deputy sheriff by the Erie County Sheriff's Department.
Currently, deputy sheriff service is not creditable in a twenty year
police retirement plan.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15165-03-8
A. 10765 2
If this bill is enacted during the 2018 legislative session, there
will not be an increase in the annual contributions of the City of
Buffalo.
However, there will be an immediate past service cost of approximately
$231,000 which will be borne by the city of Buffalo as a one-time
payment. This estimate is based on the assumption that the payment will
be made on February 1, 2019.
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, 2017 actuarial valu-
ation. Distributions and other statistics can be found in the 2017
Report of the Actuary and the 2017 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, and 2017 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2017
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 March 22, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-78, prepared by
the Actuary for the New York State and Local Retirement System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.