What's happening
This bill grants Donald R. Linde retroactive Tier IV retirement system membership, changing his membership date to September 3, 2009.
Why it matters
Changing Donald R. Linde’s retirement tier status from Tier V to Tier IV could lead to more favorable pension benefits for him. , such as earlier retirement age, better pension calculation formulas, or different contribution requirements, depending on the retirement system’s rules.
The bill specifically attributes the missed opportunity to join the retirement system in 2009 to causes outside of Linde’s own negligence. , setting a precedent for exceptions to be made for administrative or procedural errors rather than personal oversight.
The financial burden of granting this retroactive change—including a one-time past service cost of about $12,300 and a modest annual increase in contributions—is placed on the State University of New York at Buffalo, not the individual or the broader retirement system. , ensuring the cost is localized to the related employer.
There is no refund of member contributions to Linde. , meaning he gains the improved Tier IV status but does not receive any return of contributions made under Tier V, which may prevent double-dipping or windfall gains.
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Who cares
Headline styles
Allow Retroactive Pension Enrollment
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5869
2017-2018 Regular Sessions
IN SENATE
May 4, 2017
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT granting retroactive tier IV membership in the New York state and local employees' retirement system to Donald R. Linde
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 to the contrary, Donald R. Linde, a member of the New York state and local employees' retirement system who is currently employed by the Department of Taxation and Finance, who on September 3, 2009 commenced part time employment with the State University of New York at Buffalo, and who became a member of such retirement system on February 11, 2010, and who, for reasons not ascribable to his own negligence, failed to become a member of the New York state and local employees' retirement system on September 3, 2009, shall be deemed to have joined such retirement system on September 3, 2009, the commencement of his employment with the State University of New York at Buffalo, if within one year of the effective date of this act he shall file an application therefor with the state comptroller. Upon receipt of such application, Donald R. Linde shall be deemed to have joined the New York state and local employees' retirement system during 2009.
§ 2. All past service costs of implementing the provisions of this act shall be borne by the State University of New York at Buffalo, and there shall be no refund of member contributions to Donald R. Linde.
§ 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 Donald R. Linde, a current Tier 5 member
employed by the NYS Department of Tax and Finance, by changing his date
of membership to September 3, 2009, his first date of employment with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09969-03-7
S. 5869 2
the State University of New York at Buffalo. There will be no refund of
member contributions.
If this legislation is enacted during the 2017 legislative session, we
anticipate that there will be an increase of approximately $1,500 in the
annual contributions of the State of New York for the fiscal year ending
March 31, 2018. In future years, this cost will vary as the billing
rates and salary of Donald R. Linde change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $12,300 which would be
borne by the State University of New York at Buffalo as a one-time
payment. This estimate is based on the assumption that payment will be
made on March 1, 2018.
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, 2016 actuarial valu-
ation. Distributions and other statistics can be found in the 2016
Report of the Actuary and the 2016 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
and 2016 Annual Report to the Comptroller on Actuarial Assumptions, 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, 2016
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 April 25, 2017, and intended for use only during
the 2017 Legislative Session, is Fiscal Note No. 2017-84, 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.
Sponsor's memo
Title of bill
An act granting retroactive tier IV membership in the New York state and local employees' retirement system to Donald R. Linde
Purpose or general idea of bill
Allows Donald R. Linde, who is currently a member of Tier V of the New York State and Local Employees Retirement System, and employed by the New York State Taxation and Finance Investigation Division, to claim a benefit from his original employment start date when he was an employee of the New York State University Police at Buffalo (SUNY).
Summary of specific provisions
Section 1 allows Donald R. Linde to receive a benefit based on the total service credit to which he was entitled at the time of his employment start.
Section 2 requires that all costs associated with this act be borne by The State University of New York at Buffalo, and that there shall be no refund of member benefits to Donald R. Linde.
Section 3 contains the effective date.
Justification
Donald R. Linde was employed by the State University of New York at Buffalo in September 2009. He was eligible to join the pension system during this time, but was advised after inquiry that in his position he was not eligible to join. At the time, he would have been eligible for entrance into Tier IV. He was not provided with an application to apply for membership in the retirement system until February 2010 and he is now an employee with the New York State Taxation and Finance Criminal Investigations Division and is a member of Tier V. Had he entered the pension system in 2009, he would be a member of Tier IV. This bill allows him to retroactively enter the pension tier that he was entitled to in 2009.
Prior legislative history
New bill.
Fiscal implications
Refer to fiscal note on the bill.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.