What's happening
This bill allows Joseph DelGiorno, a retired teacher, to retroactively apply for military service credit for his Korean War service.
Why it matters
Sets a precedent for individual exceptions. By allowing Joseph DelGiorno to retroactively claim military service credit after retirement, the bill could open the door for similar requests from other retirees who missed earlier opportunities due to prior legal restrictions.
Financial impact shared between employers and retiree. The cost of granting this credit—estimated at $38,800—is split, with the majority ($37,000) to be paid by all employers in the New York State Teachers' Retirement System, and a smaller portion ($1,800) by Mr. DelGiorno himself, subtly distributing new financial obligations to public employers statewide.
Potential for increased pension payments. If approved, DelGiorno’s pension would be recalculated retroactively, increasing his retirement benefits as if the military credit had been granted at the time he retired in 1988, which could matter to others in similar situations seeking enhanced financial security in retirement.
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Who cares
Headline styles
Let DelGiorno Apply for Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 6817a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Referred to rules
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.
Allow DelGiorno Military Credit
In Assembly Committee · Governmental Employees · Sponsor Brian F. Curran
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6817--A
2017-2018 Regular Sessions
IN SENATE
June 20, 2017
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 Joseph DelGiorno's eligibility to apply for military service credit in the New York state teachers' retirement system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding subdivision 5 of section 1000 of the retirement and social security law, Joseph DelGiorno, a retired member of the New York state teachers' retirement system, having retired in 1988; and who served in the United States military during the Korean conflict, shall be eligible to apply for military service credit in the New York state teachers' retirement system as otherwise provided pursuant to the provisions of section 1000 of the retirement and social security law, if, within one year of the effective date of this act, he shall file a written request to that effect with such retirement system. Such benefit shall be recalculated as of the date of his retirement.
§ 2. All costs attributable to the implementation of this act shall be borne by the employers of members of the New York state teachers' retirement system.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Joseph DelGiorno, a retired member of the New
York State Teachers' Retirement System, to apply for retirement credit
for military service rendered during the Korean conflict. Mr. DelGiorno
must file a written request with the head of the New York State Teach-
ers' Retirement System within one year of the effective date of this
bill. Additionally, Mr. DelGiorno must pay an amount equal to the prod-
uct of the period of military service being claimed and three percent of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11914-04-8
S. 6817--A 2
his annual full-time rate of compensation immediately preceding his
retirement. The increase in Mr. DelGiorno's pension will be payable
retroactively to his date of retirement.
The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $38,800. This cost would be
borne by the employers of members of the New York State Teachers'
Retirement System and by Mr. DelGiorno. The employers of members of the
New York State Teachers' Retirement System would be responsible for
approximately $37,000 and Mr. DelGiorno for approximately $1,800.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2018-10 dated January 29,
2018 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2018 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to authorize Joseph DelGiorno's eligibility to apply for military service credit in the New York state teachers' retirement system
Purpose
This bill would allow United States Navy veteran Joseph DelGiorno to apply for military service credit for the period of his military service.
Justification
Joseph DelGiorno, a retired member of the New York State Teachers' Retirement System (TRS), served honorably in active duty in the United States Navy during the Korean War. Chapter 644 of the Military Law of 1998 permitted public employees to purchase military service credit in their retirement system for the length of time of that military service, up to three years. Joseph DelGiorno was a member of TRS, but retired prior to enactment of Chapter 644. Since Mr. DelGiorno retired before December 21, 1998, the effective date of Chapter 644, he was not eligi- ble to apply for military service credit under such provision. This bill would allow Joseph DelGiorno to apply for up to three years of military service credit for the period of his military service.
Legislative history
New bill.
Fiscal implications
See fiscal note.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.