What's happening
This bill allows the village of Endicott to offer police officer Jennifer Quinn a retroactive twenty-year retirement plan if the village pays associated costs.
Why it matters
Sets a precedent for retroactive retirement plan changes. By allowing a specific officer to join a more favorable retirement plan after missing the original deadline, the bill could open the door for similar requests by other public employees, raising questions about fairness and administrative consistency.
Direct financial impact on local taxpayers. The village of Endicott must cover both ongoing and substantial one-time costs (estimated at $152,000 for past service, plus increased annual contributions), potentially affecting local budgets and taxpayer obligations.
Addresses administrative errors or oversights in public employment. This legislation acknowledges that mistakes or missed deadlines in retirement plan enrollment can significantly affect an employee’s long-term benefits, and provides a legal mechanism to rectify such cases when the employee is not at fault.
Limited window for action and safeguards against negligence. The bill imposes strict timeframes for both the village’s and officer's elections and requires certification that the missed enrollment was not due to the officer’s negligence, aiming to prevent abuse while providing relief in exceptional circumstances.
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Who cares
Headline styles
Allow Endicott Police Early Retirement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 2093a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Recommitted to rules
- Ordered to third reading cal.1180
- Committee discharged and committed to rules
- 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.
Let Endicott Cop Retire Early
In Assembly Committee · Governmental Employees · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2093--A
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to authorize the village of Endicott to offer an optional twenty year retirement plan to a certain police officer employed by such village
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 to the contrary, Jennifer Quinn, a member of the New York state and local police and fire retirement system, who was first employed as a police officer for the village of Endicott on August 7, 2000, and who, through no fault of her own, failed to file a timely application to participate in the special twenty year retirement plan contained in section 384-d of the retirement and social security law resulting in the crediting of her service with the village of Endicott in the retirement plan contained in section 375-i of such law, shall be given full credit in the section 384-d special twenty year retirement plan for such service upon the election of the village of Endicott to assume the additional cost of such service and her election to participate in such plan. The village of Endicott may so elect by, within one year of the effective date of this act, filing with the state comptroller a resolution of its local legislative body together with certification that such member did not bar herself from participation in such retirement plan as a result of her own negligence. Such police officer may elect to be covered by the provisions of section 384-d of the retirement and social security law, and shall be entitled to the full rights and benefits associated with coverage under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05579-06-0
S. 2093--A 2
such section by filing a request to that effect with the state comptroller within eighteen months of the effective date of this act.
§ 2. All past service costs associated with implementing the provisions of this act shall be borne by the village of Endicott and may be amortized over a period of five years.
§ 3. This act shall take effect immediately.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill would allow the Village of Endicott to elect to reopen the
provisions of Section 384-d of the Retirement and Social Security Law
for police officer Jennifer Quinn.
If this bill is enacted during the 2020 legislative session and Jenni-
fer Quinn becomes covered under the provisions of Section 384-d, we
anticipate that there will be an increase of approximately $5,800 in the
annual contributions of the Village of Endicott for the fiscal year
ending March 31, 2021. In future years, this cost will vary as the bill-
ing rates and salary of Jennifer Quinn change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $152,000, which will be borne by the
Village of Endicott as a one-time payment. This estimate is based on the
assumption that payment will be made on February 1, 2021. If the Village
of Endicott elects to amortize this cost over a 5 year period, the cost
for the first year would be $34,600.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 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, 2019
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 February 27, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-63,
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 the village of Endicott to offer an optional twenty year retirement plan to a certain police officer employed by such village
Purpose or general idea of bill
The purpose of the legislation is to allow the village of Endicott to reopen the provisions of Section 384-d of the Retirement and Social Security Law for police officer Jennifer Quinn.
Summary of provisions
Section 1: Allows the Village of Endicott to offer an optional twenty year retirement plan contained in section 384-d to police officer Jenni- fer Quinn, rather than the section 375-I plan which she was incorrectly enrolled.
Section 2: Allows the Village of Endicott to amortize the cost over a five year period.
Section 3: Effective date.
Justification
Jennifer Quinn was employed with the Village of Endicott Police Depart- ment as an officer beginning on August 7, 2000. Through no fault of her own, she failed to file a timely application in the special twenty year retirement plan contained in section 384-d of the retirement and social security law which resulted in her being places in the section 375-i, the incorrect plan. All other members of the Village's Police Department are in Section 384-d of the Retirement System.
The Village of Endicott and Jennifer Quinn have requested that she be allowed to be placed in the section 375-I plan. The Village Board passed a resolution on May 9, 2017 requesting that the Village be granted the approval to move Ms. Quinn to her preferred plan. The village of Endi- cott will be responsible for paying the past cost services to the retirement system.
Prior legislative history
S.8281 - Died in Civil Service and Pensions
Fiscal implications for state and local governments
This legislation will have no fiscal implications to the State; all past service costs associated with implementing the provisions of this act shall be borne by the Village of Endicott and may be amortized over a period of five years. The total cost of past service is $127,000.
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.