What's happening
This bill allows Joseph F. Delaney, a retired state employee, to apply for military service credit toward his retirement benefits.
Why it matters
Creates a special exception for one individual, Joseph F. Delaney, to retroactively claim military service credit toward his state retirement benefits, even though he is already retired. , which is not typically allowed under current law.
Shifts nearly all of the cost of this enhanced benefit (about $99,900) to New York State taxpayers. , with Mr. Delaney responsible only for a small portion ($3,100) based on his years of military service and final average salary.
Requires recalculation of his retirement benefit as if the military service credit had been granted at the time of his retirement in 1997. , potentially resulting in a significant retroactive lump-sum payment, as well as increased ongoing pension payments.
Raises broader questions about fairness and precedent. , as granting individualized exceptions could lead other retirees to seek similar treatment, potentially increasing future costs and challenging the uniform application of retirement system rules.
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Who cares
Headline styles
Let Delaney Claim Service Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1407
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize Joseph F. Delaney to apply for military service credit in 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 subdivision 5 of section 1000 of the retirement and social security law, Joseph F. Delaney, a retired member of the New York state and local employees' retirement system having retired December 30, 1997; and who served in the United States military during the Korean conflict, shall be eligible to apply for military service credit in the New York state and local employees' retirement system as otherwise provided pursuant to provisions of section 1000 of the retirement and social security law, if, within one year of the effective date of this act, he shall: (1) file a written request to that effect with such retirement system; and (2) shall pay to the New York state and local employees' retirement system an amount equal to the product of the number of years of military service being claimed and three percent of his final average salary. Such benefit shall be recalculated as of the date of his retirement.
§ 2. All past service costs attributable to the implementation of this act shall be borne by the state of New York.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will authorize Joseph F. Delaney, who is a retired member of
the New York State and Local Employees' Retirement System (NYSLERS), to
apply for military service credit pursuant to §1000 of the Retirement
and Social Security Law. The bill requires Mr. Delaney to pay to the
NYSLERS an amount to equal the product of the number of years of mili-
tary service being claimed and 3% of his final average salary. The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04982-02-9
S. 1407 2
retirement benefit will be recalculated and payment will be made retro-
active to his date of retirement.
If this bill is enacted during the 2019 legislative session, there
will be an immediate past service cost of approximately $103,000.
Approximately $3,100 of this cost would be borne by Joseph Delaney and
the remaining $99,900 would be borne by the State of New York 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, date January 9, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-12, 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 Joseph F. Delaney to apply for military service credit in the New York state and local employees' retirement system
Purpose
This bill would allow United States Military veteran Joseph F. Delaney to apply for military service credit for the period of his military service.
Summary of specific provisions
Section 1 provides that Joseph F. Delaney, a retired member of the New York State and Local Employees' Retirement System shall be eligible to apply for military service credit.
Section 2 requires past service costs attributable to the implementation to be borne by New York State.
Section 3 provides an immediate effective date.
Justification
Joseph F. Delaney a retired member of the New York State and Local Employees' Retirement System served honorably in active duty in the United States Military during the Korean War. Chapter 644 of the Mili- tary Law of 1998 permitted public employees to purchase military service credit in their retirement system for the length of time of that mili- tary service, up to three years. Joseph F. Delaney was a member of LRS, but retired prior to enactment of Chapter 644. Because Mr. Delaney retired before December 21, 1998, the effective date of Chapter 644, he was not eligible to apply for military service credit under such provision. This bill would allow him to apply for military service cred- it for the period of his military service.
Prior legislative history
S.7638-Referred to Civil Service and Pensions
Fiscal implications
See fiscal note.
Effective date
This act will take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.