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S1407Senate2019-2020 Session

Let Delaney Claim Service Credit

Official title

“Authorizes Joseph F. Delaney to apply for military service credit in the New York state and local employees' retirement system”

Sponsor Pamela HelmingSD-54Affects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Pamela Helming

Senator · Senate District 54

No co-sponsors yet.

History

  1. Referred to civil service and pensions
  2. 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.