What's happening
This bill allows Brad Steve to receive retroactive service credit in the police twenty-year retirement plan for prior employment.
Why it matters
Addresses fairness for individual officers. The bill provides a remedy for Brad Steve, who missed out on a more favorable retirement plan due to circumstances beyond his control, setting a precedent for correcting administrative oversights that impact individual retirement benefits.
Potential local government impact. By requiring the Village of Clyde to cover the additional past service costs (with an option to amortize over ten years), the bill shifts fiscal responsibility to the local employer, potentially affecting municipal budgets and decisions on similar requests in the future.
Highlights the complexity of public pension systems. The legislation underscores how small administrative errors or missed deadlines can have significant, long-term effects on public employees’ retirement security, and how legislative action can be required to resolve such issues.
Limited broader financial effect. According to the fiscal note, this specific case does not create extra costs for the state system as a whole, but it spotlights the processes and checks needed to ensure accurate pension plan enrollment and management.
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Who cares
Headline styles
Grant Pension Credit to Officer
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S3845
- Ordered to third reading rules cal.493
- Rules report cal.493
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to governmental employees
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.
Restore Police Pension Credit
Signed by Governor · Sponsor Pamela Helming
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6342
2019-2020 Regular Sessions
IN ASSEMBLY
March 6, 2019
Introduced by M. of A. MANKTELOW -- read once and referred to the Committee on Governmental Employees
AN ACT to authorize Brad Steve 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 to the contrary, Brad Steve, a member of the New York State and local police and fire retirement system, who was employed as a police officer with the village of Clyde, from August 1, 1997 through September 30, 1999, and who, through no fault of his own, failed to file a timely application to participate in the special twenty year retirement plan contained in section 384-d of the retirement and social security law resulting in the crediting of his service with the village of Clyde in the general retirement plan contained in section 375-i of such law, shall be given full credit in the special twenty year retirement plan for such additional cost of such service upon the election of the village of Clyde to assume the additional cost of such service. The village of Clyde may so elect by filing a resolution of its local legislative body together with certification that such police officer did not bar himself from participation in such retirement plan as a result of his own negligence.
§ 2. All employer past service costs associated with implementing the provisions of this act shall be borne by the village of Clyde and may be amortized over a ten year period.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant Brad Steve, a Tier 2 member of the New York State
and Local Police and Fire Retirement System, additional service credita-
ble under the provisions of section 384-d of the Retirement and Social
Security Law, for time worked as a police officer of the Village of
Clyde between August 1997 and September 1999. Such service is currently
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09494-02-9
A. 6342 2
creditable in the age 55 retirement plan of section 375-c, but not in
the 20 year plan of section 384-d. Brad Steve is currently employed by
the Town of Brighton.
If this legislation is enacted during the 2019 legislative session,
there will not be any additional costs.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 15, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-51,
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.