What's happening
This bill allows Sean O'Brien to receive additional retirement service credit for police training time, with costs paid by the Village of Massena.
Why it matters
Addresses an equity issue in retirement benefits. by allowing Sean O'Brien to receive pension credit for police training time that current law would otherwise exclude, due to it being unpaid service.
Sets a precedent for how similar cases might be handled in the future. , potentially influencing policy regarding unpaid training periods and retirement credit eligibility for other public safety employees.
Shifts financial responsibility. for the additional retirement credit to the Village of Massena, requiring a one-time payment of $12,900, which could have budgetary implications for the municipality.
Highlights a gap in current retirement system rules. , as only paid police cadet service is generally eligible for purchase of service credit, and typically not in the Employees’ Retirement System (ERS) but only in Police and Fire Retirement System (PFRS) plans—this bill circumvents that restriction for this individual case.
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Who cares
Headline styles
Grant Extra Retirement Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7165
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT in relation to granting Sean O'Brien additional service credit with 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, Sean O'Brien, currently a detective with the St. Lawrence County Sheriff's Office and member of the New York state and local employees' retirement system covered by section 552 of the retirement and social security law, who for the period beginning January 16, 2003 and ending on May 23, 2003, was employed as a police officer by the Village of Massena and enrolled in the Basic Course for Police Officers at the State University of New York College of Technology at Canton, and who, for reasons not ascribable to his own negligence, was not granted service credit for his period of training, shall be granted such service credit under section 552 of the retirement and social security law, if on or before the thirty-first of December next succeeding the effective date of this act, he shall file a written request to that effect with the state comptroller.
§ 2. All past service costs incurred in implementing the provisions of this act shall be borne by the village of Massena.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow detective Sean O'Brien to receive service credit
in the New York State and Local Employees' Retirement System (ERS) for
unpaid police officer training for the Village of Massena during the
period January 16, 2003 through May 23, 2003. Detective O'Brien is
currently a Tier 4 ERS member employed by the St. Lawrence County Sher-
iff's Office and covered by the provisions of Section 552 of the Retire-
ment and Social Security Law. Under current law, salary must be paid for
rendered service to be credited. Further, credit for paid police cadet
service is available for purchase under certain New York State and Local
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13885-02-7
S. 7165 2
Police and Fire Retirement System (PFRS) plans only (and no ERS plans)
and must be paid by the member.
If this bill is enacted, there is no change in anticipated future
annual costs as the member continues to be covered by Section 552. There
will be an immediate past service cost of $12,900 to be borne by the
Village of Massena as a one-time payment. This cost assumes a payment
date of February 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 December 15, 2017, and intended for use only
during the 2018 Legislative Session, is Fiscal Note No. 2018-22,
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 in relation to granting Sean O'Brien additional service credit with the New York state and local employees' retirement system
Purpose
This bill grants Sean O'Brien with approximately five months of addi- tional service credit with the New York state and local employees' retirement system
Summary of provisions
Section 1 provides that Sean O'Brien shall receive service credit for the period of January 16, 2003 to May 23, 2003 for unpaid time employed as a police officer for the Village of Massena, if he files a written request for that purpose with the comptroller before December 31 of this year.
Section 2 provides that all costs associated with the implementation of this act shall be borne by the village of Massena.
Section 3 provides the effective date.
Justification
Sean O'Brien has served as a law enforcement officer for many years. Through no negligence of Sean, he was not credited for his Basic Course for Police Officers at the State University of New York College of Tech- nology at Canton, while employed by the village of Massena as a police officer.
This act will provide Sean with credit toward retirement for time worked that he would not otherwise have been credited under existing law.
Legislative history
New Bill.
Fiscal implications
None to the state.
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.