What's happening
This bill allows two Buffalo police officers to receive additional retirement service credit for their prior service as Erie County deputy sheriffs.
Why it matters
Corrects a past oversight. The bill addresses an administrative error that prevented two officers from receiving retirement service credit for their prior work as Erie County deputy sheriffs, through no fault of their own.
Expands retirement benefits. By granting this additional service credit, the officers will be eligible for enhanced retirement benefits under sections 384-d and 384-e, which could mean earlier retirement eligibility and/or increased pension payments.
Financial impact on the city. The City of Buffalo will incur a one-time cost of approximately $589,000 to cover the retroactive pension benefits, but there will be no ongoing increase in the city’s annual pension contributions.
Sets a potential precedent. Although narrowly tailored, this bill could set an example for similar requests from other public employees who believe their service credit was improperly calculated, potentially leading to more such legislative actions.
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Who cares
Headline styles
Grant Retirement Credit to Officers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- 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
1578
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. GALLIVAN, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize William J. Cooley and Patrick Humiston to receive certain credit under section 384-d of the retirement and social security law
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, William J. Cooley and Patrick Humiston, both currently city of Buffalo police officers and members of the New York state and local police and fire retirement system covered by section 384-d of the retirement and social security law, who for the period beginning November 12, 2002 and ending in July of 2006, and for the period beginning November 12, 2002 and ending August 21, 2006, respectively, were employed as deputy sheriffs by the Erie County Sheriff's Department where each was a member of the New York state and local employees' retirement system, and who, for reasons not ascribable to their own negligence, were not granted service credit under section 384-d of the retirement and social security law for their periods of employment with the Erie County Sheriff's Department, shall be granted such service credit under section 384-d of the retirement and social security law and shall be entitled to the full rights and benefits associated with coverage under such section as well as section 384-e of such law, provided a request to that effect is filed with the state comptroller within one year from the effective date of this act.
§ 2. All past service costs incurred in implementing the provisions of this act shall be borne by the city of Buffalo.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will grant service credit under section 384-d of the Retire-
ment and Social Security Law to William J. Cooley and Patrick J. Humi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04385-02-9
S. 1578 2
ston, both current members of the New York State and Local Police and
Fire Retirement Systems (PFRS), for the periods of November 12, 2002
through July of 2006 and November 12, 2002 through August 21, 2006,
respectively, during which both were employed as deputy sheriffs in Erie
County. Currently, deputy sheriff service is not creditable in a PFRS
twenty year police retirement plan.
If this bill is enacted during the 2019 legislative session, there
will be an immediate past service cost of approximately $589,000 which
will be borne by the city of Buffalo as a one-time payment. This esti-
mate is based on the assumption that payment will be made on February 1,
2020.
There will not be an increase in the annual contributions of the City
of Buffalo.
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 judgment of an attorney.
This estimate, dated January 3, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-9, 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 William J. Cooley and Patrick Humiston to receive certain credit under section 384-d of the retirement and social security law
Purpose of the bill
This legislation corrects a statutory deficiency by permitting Detective William Cooley, of the Buffalo Police Department (BPD), the authority to transfer service credit accrued resulting from his employment with the Erie County Sheriff's Department to the pension plan of his existing employer.
Summary of provisions
Section 1 establishes the authority to transfer service credit.
Section 2 requires past service costs to be borne by the City of Buffalo.
Section 3 sets forth the effective date.
Justification
William Cooley and Patrick Humiston, due to circumstances beyond their control were laid-off from their respective positions as sworn officers with the Buffalo Police Department (BPD) in 2002, thereby requiring them to seek alternative employment as Erie County Sheriff's Deputies for a period of approximately three years. Messrs. Cooley and Humiston were subsequently reinstated to the BPD.
Given the aforementioned unique situation and their continued employment as law enforcement officers, it is necessary to afford the option as set forth within this legislation.
Prior legislative history
New bill.
Fiscal implications
See fiscal note.
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.