What's happening
This bill grants Brian Stebbins retroactive Tier IV membership in the New York state and local employees' retirement system due to an administrative error.
Why it matters
Corrects an administrative error. that prevented Brian Stebbins from receiving Tier IV retirement benefits he was eligible for in 2003, ensuring he receives the pension rights he would have had if the error had not occurred.
Potentially increases retirement benefits. for Stebbins, as Tier IV generally offers more favorable terms (such as lower employee contributions and better benefit calculations) compared to the Tier V membership he was initially given.
Shifts financial responsibility. for the retroactive benefits to the Village of Green Island, requiring a one-time payment of approximately $11,000 for past service costs, plus a small annual cost increase to the state, which could impact local budgets and set a precedent for similar cases.
Highlights accountability and fairness issues. in public pension administration, emphasizing the importance of correcting bureaucratic mistakes to uphold employees’ rights and maintain trust in the retirement system.
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Who cares
Brian Stebbins
He would receive retroactive Tier IV membership dating to August 1, 2003, if he applies by December 31, 2017, but would not receive a refund of contributions.
Village of Green Island
The village would bear all past service costs, estimated in the fiscal note at approximately $11,000 as a one-time payment.
New York State
As Stebbins’s current employer, the state would face an estimated $2,000 increase in annual pension contributions for the fiscal year ending March 31, 2018, with future costs varying by salary and billing rates.
State comptroller and New York State and Local Employees’ Retirement System
They would process Stebbins’s application and grant the retroactive membership and Tier IV rights and benefits.
Headline styles
Restore Retirement Tier for Stebbins
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.201
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.514
- Substituted for A7918
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 60–0
- Home rule request
- Ordered to third reading cal.1813
Show 2 earlier actions
- Committee discharged and committed to rules
- 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 Stebbins Retroactive Pension Membership
Assembly Floor Calendar · Sponsor John T. McDonald III
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6449
2017-2018 Regular Sessions
IN SENATE
May 22, 2017
Introduced by Sen. BRESLIN -- 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 Brian Stebbins
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, Brian Stebbins, a member of the New York state and local employees' retirement system, who was employed on August 1, 2003, by the village of Green Island, and who filed a membership application in such system on August 1, 2003, which should have given him Tier IV status but for reasons not ascribable to his own negligence and due to an administrative error, the application was not processed in the usual manner and therefore not processed until March 15, 2012, may be deemed to have become a member of the New York state and local employees' retirement system on August 1, 2003, if on or before December 31, 2017 he shall file an application therefor with the state comptroller. Upon the receipt of such application, Brian Stebbins shall be granted Tier IV status in the New York state and local employees' retirement system and be eligible for all the rights and benefits thereof. No contributions made to the New York state and local employees' retirement system by Brian Stebbins shall be returned to him pursuant to this act.
§ 2. Any past service costs incurred in implementing the provisions of this act shall be borne by the village of Green Island.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--This bill will grant Tier 4 status in the New York State
and Local Employees' Retirement System to Brian M. Stebbins, a current
Tier 5 member employed by the State of New York, by changing his date of
membership to August 1, 2003, the first date he was employed by the
Village of Green Island.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11757-02-7
S. 6449 2
If this legislation is enacted during the 2017 legislative session, we
anticipate that there will be an increase of approximately $2,000 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 Brian M. Stebbins change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $11,000 which will be
borne by the Village of Green Island as a one-time payment. This esti-
mate is based on the assumption that payment will be made on February 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 May 16, 2017, and intended for use only during
the 2017 Legislative Session, is Fiscal Note No. 2017-100, 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 Brian Stebbins
Purpose or general idea of bill
The purpose of this bill is to grant Brain Stebbins retroactive tier membership in Tier IV.
Summary of specific provisions
Section one of this bill deems Brian Stebbins a member of the retirement system as of the date of his employment, on August 1, 2003, by the village of Green Island, if on or before December 31, 2017 he shall file an application therefore with the state comptroller. Upon the receipt of such an application, Brian Stebbins shall be granted Tier IV status in the New York state local employees' retirement system and be made eligible for all the rights and benefits thereof.
Section two provides that all past service costs will be borne by the village of Green Island.
Section three provides for an immediate effective date.
Justification
Brian Stebbins should be reinstated into Tier IV based upon his membership application in the New York state and local employees' retirement system, which was filed on August 1, 2003. This bill addresses concerns raised in the veto message, and reinforces evidence provided by the village of Green Island, that due to an administrative error and for reasons not ascribable to his own negligence, the application was not processed until March 15, 2012, therefore incorrectly placing him in Tier V.
Prior legislative history
A.6939/S.4755 of 2015; VETOED MEMO .216 A.9236/S6936 of 2014; VETOED MEMO .549 A.7458-A /S.5564-A of 2013; VETOED MEMO .230 A.10728-A/S.7799 of 2012; Passed Assembly, Referred to Senate Rules
Fiscal implications
There is an immediate past service cost of approximately $11,000 which will be borne by the village of Green Island.
Effective date
Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.