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S8051Senate2017-2018 SessionSame asA10765

Restore Police Service Credit

Official title

“Authorizes Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
In Assembly Committee
Governmental Employees
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Governmental Employees

What's happening

This bill allows Patrick Humiston to receive police retirement credit for prior deputy sheriff service, with costs paid by Buffalo.

Why it matters

  1. Sets a unique precedent. by allowing a specific individual to retroactively receive police pension credit for past service as a deputy sheriff—a category of service not normally eligible for such credit in the 20-year police retirement plan, potentially opening the door for similar requests in the future.

  2. Directly impacts public pension costs. for Buffalo, requiring a one-time payment (estimated at $231,000) to cover the additional retirement benefits, reflecting how individual pension adjustments can have immediate fiscal consequences for municipalities.

  3. Highlights administrative or procedural gaps. in the pension system, as the bill acknowledges that the lack of credit was not due to the officer’s negligence, suggesting that others may be affected by similar oversights or bureaucratic issues.

  4. Expands individual retirement rights and benefits. , granting the officer access to full retirement privileges under both section 384-d and 384-e, which could lead to earlier retirement eligibility or increased pension payments compared to standard rules.

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Who cares

Headline styles

Restore Police Service Credit

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Referred to governmental employees
  2. Delivered to assembly
  3. Passed senateVote 62–0
  4. Home rule request
  5. Ordered to third reading cal.1956
  6. Committee discharged and committed to rules
  7. 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.

A10765Assembly

Credit Sheriff for Police Service

In Assembly Committee · Governmental Employees · Sponsor Erik T. Bohen

Impact 2 · Minimal0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8051

IN SENATE

March 22, 2018

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions

AN ACT to authorize Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law

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, Patrick Humiston, currently a city of Buffalo police officer and member of the New York State and local police and fire retirement system covered under section 384-d of the retirement and social security law, who for a period beginning November 12, 2002 and ending August 21, 2006, was employed as a deputy sheriff by the Erie County Sheriff's Department where he was a member of the New York state and local employees' retirement system, and who, for reasons not ascribable to his own negligence, was not granted service credit under section 384-d of the retirement and social security law for his period of employment with the Erie County Sheriff's Department, shall be granted such service credit under section 384-d of the retirement and social security law and shall be entitled to the full rights and benefits associated with coverage under such section as well as section 384-e of such law, provided that a request to that effect is filed with the state comptroller within one year from the effective date of this act.

§ 2. All past service costs incurred in implementing the provisions of this act shall be borne by the city of Buffalo.

§ 3. This act shall take effect immediately.

FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:

This bill will grant service credit under section 384-d together with

section 384-e of the Retirement and Social Security Law to Patrick Humi-

ston, a current member of the Police and Fire Retirement System, for the

period of November 12, 2002 through August 21, 2006 during which he was

employed as a deputy sheriff by the Erie County Sheriff's Department.

Currently, deputy sheriff service is not creditable in a twenty year

police retirement plan.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15165-03-8

S. 8051 2

If this bill is enacted during the 2018 legislative session, there

will not be an increase in the annual contributions of the City of

Buffalo.

However, there will be an immediate past service cost of approximately

$231,000 which will be borne by the city of Buffalo as a one-time

payment. This estimate is based on the assumption that the payment will

be made on 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 March 22, 2018, and intended for use only during

the 2018 Legislative Session, is Fiscal Note No. 2018-78, 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 to authorize Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law

Purpose of the bill

This legislation corrects a statutory deficiency by permitting Officer Patrick Humiston, of the Buffalo Police Department (BPD), the authority to transfer service credit accrued resulting from his employment with the Erie County Sheriff's Department to the pension plan of his existing employer.

Summary of provisions

Section 1 establishes the authority to transfer service credit.

Section 2 requires past service costs to be borne by the City of Buffalo.

Section 3 sets forth the effective date.

Justification

Patrick Humiston, due to circumstances beyond his control was laid-off from his position as a sworn officer with the Buffalo Police Department (BPD) in 2002, thereby requiring him to seek alternative employment as an Erie County Sheriff's Deputy for a period of approximately three years. Mr. Humiston, was subsequently reinstated to the BPD in 2006.

Given the aforementioned unique situation and his continued employment as a law enforcement officer, it is necessary to afford Mr. Humiston the option as set forth within this legislation.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

The 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.