What's happening
This bill allows Rebecca Leonard to receive retroactive Tier IV pension membership, with additional costs paid by Nassau County.
Why it matters
Sets a personalized precedent. By allowing one individual (Rebecca Leonard) to retroactively change her pension tier, this bill could set an example for other similar cases, potentially opening the door for additional requests from employees who missed filing deadlines.
Financial implications for local government. The bill shifts the financial responsibility for the retroactive pension upgrade to Nassau County, including an immediate $16,100 cost and increased annual payments, impacting local budgets rather than the broader state system.
Highlighting differences between pension tiers. Gaining Tier IV status instead of Tier V may provide Rebecca Leonard with more favorable retirement benefits (such as lower employee contributions and/or earlier retirement age), underscoring the significant differences between tiers and why individual employees might pursue such changes.
Raises questions about administrative processes. The need for this legislative fix points to possible gaps in notification, onboarding, or administrative support for new public sector employees regarding their pension rights, suggesting a review of procedures might be warranted to prevent similar issues.
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Who cares
Rebecca Leonard
She could obtain retroactive Tier IV membership dating to November 2007 by filing a written request within one year of the bill’s effective date, without a refund of prior employee contributions.
Nassau County
The county would bear all past service costs, estimated in the fiscal note at $16,100, along with an estimated increase in annual contributions.
State comptroller and New York State and Local Employees’ Retirement System
They would handle Leonard’s request to change her membership date and retirement tier.
Headline styles
Retroactive Pension for Leonard
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 6931a
- Amend and recommit to governmental employees
- Referred to governmental employees
- 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 Rebecca Leonard's Pension Tier
In Senate Committee · Civil Service And Pensions · Sponsor Jim Gaughran
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6931--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
Introduced by M. of A. STERN -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT granting retroactive tier IV membership in the New York state and local employees' retirement system to Rebecca Leonard
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, Rebecca Leonard, formerly Rebecca Abensur, a member of the New York state and local employees' retirement system, who was employed in November 2007, by Half Hollow Hills Central School District, who did not file a membership application in such system until 2010, which gave her Tier V status instead of Tier IV status, where she would have been had she filed a membership application when she became a permanent employee in November 2007 may be deemed to have become a member of the New York state and local employees' retirement system in November 2007 if, within one year of the effective date of this act, she shall file with the state comptroller a written request to that effect. Upon the granting of such retroactive membership, Rebecca Leonard shall not be granted a refund of any employee contribution made by her to the New York state and local employees' retirement system.
§ 2. All past service costs associated with the implementation of this act shall be borne by the county of Nassau.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant Tier 4 status in the New York State and Local
Employees' Retirement System to Rebecca Leonard, a current Tier 5 member
employed by Nassau County, by changing her date of membership to Novem-
ber 2007, her first date of employment with the Half Hollow Hills
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07966-04-0
A. 6931--A 2
Central School District. There will be no refund of member contrib-
utions.
If this legislation is enacted during the 2020 legislative session, we
anticipate that there will be an increase of approximately $2,400 in the
annual contributions of Nassau County for the fiscal year ending March
31, 2021. In future years, this cost will vary as the billing rates and
salary of Rebecca Leonard change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $16,100 which will be borne by Nassau
County as a one-time payment. This estimate is based on the assumption
that payment will be made on February 1, 2021.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 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, 2019
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 January 22, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-23,
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.