What's happening
This bill grants Joseph J. Maltese retroactive Tier 1 membership in the New York State and Local Employees' Retirement System.
Why it matters
Allows Joseph J. Maltese to claim a much earlier retirement system membership date (February 2, 1970), making him eligible for Tier 1 retirement benefits, which are generally more generous than later tiers. This could serve as a precedent for others in similar situations, affecting future legislative requests.
Specifies that the missed opportunity for earlier membership was due to no fault of Maltese’s own, highlighting the bill’s focus on remedying bureaucratic or administrative oversights rather than changing rules for all employees. This could reflect broader concerns about fairness in public employee retirement systems.
Requires the New York State Unified Court System—not the retirement system or Maltese himself—to cover both the immediate one-time cost of $30,500 and an increased annual contribution (about $4,300 initially) for this change. This shifts the financial responsibility from the individual or the retirement fund to the employer, which might have budgetary implications for the court system.
Explicitly states that no retirement contributions previously made by Maltese will be refunded, ensuring the adjustment only enhances benefits without returning funds, thus limiting the fiscal impact but also precluding a windfall. This could be important for public perception and for managing the precedent set by the bill.
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Who cares
Headline styles
Retroactive Pension for Maltese
Plain English, a few words. Used as the page title.
Sponsors
History
- Tabled
- Vetoed memo.287
- Delivered to governor
- Returned to assembly
- Passed senateVote 60–0
- 3rd reading cal.2051
- Substituted for S6730B
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.405
- Rules report cal.405
Show 9 earlier actions
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Print number 8411b
- Amend and recommit to governmental employees
- Print number 8411a
- Amend and recommit to governmental employees
- Referred to governmental employees
- 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 Retirement for Maltese
Senate Floor Calendar · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8411--B
2017-2018 Regular Sessions
IN ASSEMBLY
June 14, 2017
Introduced by M. of A. CASTORINA, CUSICK, TITONE, LENTOL, MALLIOTAKIS, LAWRENCE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
AN ACT granting retroactive membership in the New York state and local employees' retirement system to Joseph J. Maltese
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law to the contrary, Joseph J. Maltese, who was employed as a full-time employee with the New York city civil court from February 2, 1970 through September 4, 1970, and who was later employed as a full-time employee with the New York state office of the attorney general from June 7, 1971 through September 3, 1971, and who is currently a full-time employee of the New York state unified court system, and who is a Tier II member of the New York state and local employees' retirement system, and who through no fault of his own did not become a member of the New York city employees' retirement system on February 2, 1970 when first employed by the New York city civil court, and who through no fault of his own, did not become a member of the New York state and local employees' retirement system on July 7, 1971 when first employed by the New York state office of the attorney general shall be deemed to have a date of membership with the New York state and local employees' retirement system of February 2, 1970, if, within one year of the effective date of this act, he shall file an application therefore with the state comptroller. Upon the receipt of such application, Joseph J. Maltese shall be granted Tier I status in the New York state and local employees' retirement system and be eligible for all the rights and benefits thereof. No contributions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13100-07-8
A. 8411--B 2
made to the New York city employees' retirement system or the New York state and local employees' retirement system by Joseph J. Maltese, shall be returned or refunded to him pursuant to this act.
§ 2. Any past service costs associated with the implementation of this act shall be borne by the New York state unified court system.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant Tier 1 status to Joseph J. Maltese, a current
Tier 2 member employed by the New York State unified court system, by
changing his date of membership to February 2, 1970, his first date of
employment with the New York City civil court. There will be no refund
of member contributions.
If this legislation is enacted during the 2018 legislative session, we
anticipate that there will be an increase of approximately $4,300 in the
annual contributions of the New York State unified court system for the
fiscal year ending March 31, 2019. In future years, this cost will vary
as the billing rate and salary of Joseph Maltese change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $30,500 which will be
borne by the New York State unified court system as a one-time payment.
This estimate is based on the assumption that payment will be made on
March 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 June 14, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-125, 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.