What's happening
This bill grants retroactive retirement system membership and service credit to Adam Markel for his prior employment at SUNY Buffalo.
Why it matters
Sets a precedent for individual retroactive retirement adjustments. By granting Adam Markel retroactive retirement system membership and service credit, the bill shows how legislative action can be used to correct administrative or procedural oversights in public employee benefits for individuals, which may raise questions about fairness and broader applicability.
Transfers financial responsibility to the employer, not the retirement system. The past service cost (about $11,900) for crediting these additional years is to be paid by SUNY Buffalo, not the retirement system or the individual, meaning the burden falls on the employing institution rather than the wider pool or taxpayer base.
Potentially enhances retirement benefits and tier status. By moving Adam Markel into a more advantageous retirement tier (Tier 2 instead of Tier 5), the bill could significantly improve his pension benefits, including earlier retirement eligibility and better payout terms—showing the real-world impact of tier status in public retirement systems.
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Who cares
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Add Adam Markel to Pension
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S1577
- Ordered to third reading rules cal.600
- Rules report cal.600
- Reported
- Reported referred to rules
- Reference changed 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.
Grant Retroactive Pension Membership
Vetoed · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7414
2019-2020 Regular Sessions
IN ASSEMBLY
May 1, 2019
Introduced by M. of A. RYAN -- read once and referred to the Committee on Governmental Employees
AN ACT granting retroactive membership in the New York state and local employees' retirement system to Adam Markel
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law to the contrary, Adam Markel, who was employed as a part-time employee with the state university of New York at Buffalo with a start date of September 5, 2006 until April 14, 2009, and who is currently a member of the New York state and local police and fire retirement system, who through no fault of his own did not become a member of the New York state and local employees' retirement system on September 5, 2006 when first employed by the state university at Buffalo shall be deemed to have been a member of the New York state and local employees' retirement system on such date and such service credit shall be transferred to the New York state and local police and fire retirement system, provided that an application is filed with the head of the New York state and local police and fire retirement system within one year from the effective date of this act.
§ 2. No contributions made to the New York state and local police and fire retirement system by Adam Markel shall be returned or refunded to him pursuant to this act.
§ 3. All past service costs associated with the implementation of this act shall be borne by the state university of New York at Buffalo.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant Tier 2 status in the New York State and Local
Police and Fire Retirement System to Adam Markel, a current Tier 5
member employed by the City of Buffalo, by changing his date of member-
ship to September 5, 2006, his first date of employment with the State
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02966-02-9
A. 7414 2
University of New York at Buffalo. There will be no refund of member
contributions.
If this bill is enacted during the 2019 legislative session, we antic-
ipate that there will be an increase of approximately $3,800 in the
annual contributions of the City of Buffalo for the fiscal year ending
March 31, 2020. In future years, this cost will vary as the billing
rates and salary of Adam Markel change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $11,900 which will be
borne by the State University of New York at Buffalo as a one-time
payment. This estimate is based on the assumption that payment will be
made on March 1, 2020.
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 judgement of an attorney.
This estimate, dated January 8, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-7, 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.