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S1577Senate2019-2020 SessionSame asA7414

Grant Retroactive Pension Membership

Official title

“Grants membership in the New York state and local employees' retirement system to Adam Markel”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
Vetoed
Impact
2/10
Minimal
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill grants Adam Markel retroactive membership and service credit in the New York State and Local Employees’ Retirement System.

Why it matters

  1. Ensures Adam Markel receives full retirement credit for his earlier employment. at SUNY Buffalo (2006-2009), even though he did not enroll in the retirement system at that time, likely increasing his future pension benefit and potentially qualifying him for earlier or more favorable retirement terms.

  2. Transfers service credit from the general Employees’ Retirement System to the Police and Fire Retirement System,. which often has more advantageous benefit structures (such as earlier retirement ages or higher benefit multipliers), reflecting Markel’s current employment as a police/fire member.

  3. All costs associated with granting this retroactive credit—roughly $11,900 one-time and $3,800 annually—are borne by public institutions,. specifically the State University of New York at Buffalo and the City of Buffalo, meaning taxpayers indirectly fund the added benefit.

  4. Sets a precedent for similar retroactive benefit bills,. highlighting challenges in administrative errors or omissions regarding public employee retirement enrollment, and raising questions about fairness, cost-sharing, and the scope of legislative intervention in individual benefit cases.

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Who cares

Headline styles

Grant Retroactive Pension Membership

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

1 Co-sponsor

History

  1. Vetoed memo.207
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.600
  7. Substituted for A7414
  8. Referred to governmental employees
  9. Delivered to assembly
  10. Passed senateVote 62–0
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.916
  2. Referred to civil service and pensions

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.

A7414Assembly

Add Adam Markel to Pension

Assembly Floor Calendar · Sponsor Sean Ryan

Impact 2 · Minimal0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1577

2019-2020 Regular Sessions

IN SENATE

January 15, 2019

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions

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

S. 1577 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.

Sponsor's memo

Title of bill

An act granting retroactive membership in the New York state and local employees' retirement system to Adam Markel

Purpose

This bill would grant Adam Markel Tier 2 status in the New York State Police and Fire Retirement system upon application.

Summary of provisions

Section 1: Authorizes Adam Markel to apply for retroactive membership in the New York State and Local Employees' Retirement System with an effec- tive date of September 5, 2006. Once an application is filed with the head of the New York State Police and Fire Retirement system, within one year from the effective date of this act, such service credit will be transferred.

Section 2 states that no contributions made to the New York state Police and Fire Retirement System by Adam Markel should be returned or refunded to him.

Section 3 states that all past service costs of implementing the provisions of this act shall be borne by the State University of New York at Buffalo.

Section 4: Provides the effective date.

Justification

Adam Markel was a part-time employee with the State University of New York at Buffalo from September 5, 2006 until April 14, 2009. However, through no fault of his own, he did not become a member of the New York State and Local Employees' Retirement System during that time. This legislation would afford Mr. Markel the ability to establish membership in the retirement system as of September 5, 2006 thereby correcting this oversight. It should be noted that all past service costs of implement- ing the provisions of this act would be borne by the State University of New York at Buffalo.

Legislative history

2018: S.7716/A.9907 Referred to Civil Service and Pensions/Referred to Governmental Employees

2017: S.4253/A.5927 Vetoed by the Governor

2015-16: S.7111/A.9703 Passed Senate/Referred to Governmental Employees

Fiscal implications

See fiscal note.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.