What's happening
This bill allows Anthony A. Fede to obtain Tier I retirement status retroactively in the New York State and Local Employees' Retirement System.
Why it matters
Sets a precedent for individualized pension adjustments. By granting a single retiree Tier I status retroactively, this bill could open the door for similar requests from other retirees who believe they were denied more favorable pension tiers due to administrative errors.
Potentially increases pension payments for the individual. Tier I status typically comes with more generous retirement benefits compared to later tiers, so Anthony A. Fede would receive a recalculated, likely higher, pension payment retroactive to his original retirement date.
Spreads cost to all participating employers in the pension system. Instead of requiring the retiree or their former employer to pay for the enhanced benefit, the bill distributes the estimated $145,000 in past service costs across all employers in the system, potentially impacting municipal and state budgets.
Addresses administrative oversight without refunding contributions. The language clarifies that while the retiree’s status and benefits will change, any contributions made under the previous tier will not be refunded, maintaining some fiscal boundaries for the retirement system.
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Who cares
Anthony A. Fede
The retired Tier 4 member would receive Tier I status and benefits recalculated retroactive to retirement if he files a written request within one year of the act taking effect, but would receive no refund of contributions.
State comptroller and New York State and Local Employees’ Retirement System
They would process Fede’s request, recognize his membership as of March 17, 1970, and recalculate and pay his retirement benefits.
State of New York and participating ERS employers
They would share all past service costs, estimated in the fiscal note at approximately $145,000 if the bill were enacted during the 2018 legislative session.
Headline styles
Restore Tier I for Fede
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental employees
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1938
- Committee discharged and committed to rules
- Print number 6315a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Referred to civil service and pensions
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.
Grant Retirement Upgrade Fede
In Assembly Committee · Governmental Employees · Sponsor Christine Pellegrino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6315--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to authorize Anthony A. Fede Tier I status in the New York state and local employees' retirement system
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, Anthony A. Fede, who is currently retired and who was first eligible to join the public retirement system as of March 17, 1970 and who was employed by the Sewanhaka Central High School District from March 17, 1970 to August 10, 1973 and who for reasons not ascribable to his own negligence was not afforded the opportunity to join the New York state and local employees' retirement system with Tier I status, shall be deemed to have become a member of the New York state and local employees' retirement system as of March 17, 1970; and shall have Tier I status, if, no later than one year after the effective date of this act he shall file a written request with the state comptroller. Upon receipt of such request, the retirement benefit shall be calculated and payment shall be made retroactive to his date of retirement.
§ 2. No contributions made to the New York state and local employees' retirement system shall be returned or refunded to Anthony A. Fede pursuant to this act.
§ 3. All past service costs associated with the implementation of this act shall be borne by all participating employers in the New York state and local employees' retirement system.
§ 4. This act shall take effect immediately.
Fiscal Note. -- Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11345-10-8
S. 6315--A 2
This bill would grant Tier 1 status in the New York State and Local
Employees' Retirement System (ERS) to Anthony A. Fede, a retired Tier 4
member, by changing his date of membership to March 17, 1970, his first
date of employment with Sewanhaka Central School District. The retire-
ment benefit will be recalculated and payment will be made retroactive
to his date of retirement. There will be no refund of member contrib-
utions.
If this legislation is enacted during the 2018 legislative session,
there will be an immediate past service cost of approximately $145,000.
These costs would be shared by the State of New York and the participat-
ing employers in the ERS.
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 26, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-52, 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
Purpose or general idea of bill
Relates to authorizing Anthony A. Fede Tier I status in the New York state and local employees' retirement system.
Summary of specific provisions
Section 1 contains the information on Mr. Anthony A. Fede's eligibility to be deemed to have become a member of the New York state and local employees' retirement system as of March 17, 1970; and shall have Tier I status, if no later than one year after the effective date of this act he shall file a written request with the state comptroller. Upon receipt of the request, the benefit will be calculated and payment shall be made retroactive to the date of his retirement.
Section 2 states that no contributions made to the New York state and local employees' retirement system shall be returned or refunded to Anthony A. Fede pursuant to this act.
Section 3 states that all past services costs associated with the imple- mentation of this act shall be borne by all participating employers in the New York State and local employees' retirement system.
Section 4 states that this act shall take effect immediately.
Justification
At the request of Mr. Fede, who was first eligible to join the public retirement system as of March 17, 1970 and who was employed by the Sewa- nhaka Central High School District from March 17, 1970 to August 10, 1973 and who for reasons not ascribable to his own negligence was not afforded the opportunity to join the New York state and local employees' retirement system with Tier I status.
Prior legislative history
New bill.
Fiscal implications
The Office of the New York State Comptroller, Employees' Retirement System has calculated an estimate which is included within this legis- lation. If this legislation is enacted during the 2018 Legislative session, there will be an immediate past service cost of approximately $145,000. The State of New York and the participating employers in the ERS would share these costs.
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.