Skip to content
S2931Senate2019-2020 SessionSame asA6743

Restore Pension Rights for Kerry

Official title

“Grants retroactive membership in the New York state and local employees' retirement system to Kerry Brennan”

Sponsor Thomas F. O'MaraSD-58Affects 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 retroactively grants Kerry Brennan Tier IV retirement status in the New York State and Local Employees' Retirement System.

Why it matters

  1. Sets a precedent for individualized retroactive pension adjustments. , which could encourage similar requests from other public employees who missed enrollment due to administrative or non-negligent reasons.

  2. Tier IV retirement status is generally more favorable than Tier V. , potentially providing Kerry Brennan with earlier retirement eligibility and/or better pension benefits, highlighting the real-world impact of tier differences in public pensions.

  3. Shifts the financial burden of the retroactive pension change. , with the State of New York absorbing a one-time cost of $20,200 and Yates County facing increased annual contributions, illustrating how legislative actions can redistribute public pension costs among government entities.

  4. Emphasizes the importance of accurate and timely retirement system enrollment. , as errors or oversights—even non-negligent ones—can have significant long-term financial and policy implications for both individuals and public budgets.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Restore Pension Rights for Kerry

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

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

No co-sponsors yet.

History

  1. Referred to civil service and pensions
  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.

A6743Assembly

Grant Retroactive Pension Membership

In Assembly Committee · Governmental Employees · Sponsor Philip Palmesano

Impact 2 · Minimal0% to pass

Full text

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

STATE OF NEW YORK

2931

2019-2020 Regular Sessions

IN SENATE

January 30, 2019

Introduced by Sen. O'MARA -- 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 Kerry Brennan

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, Kerry Brennan, an employee of the County of Yates and a member of the New York state and local employees' retirement system, who was employed as a lifeguard for the Village of Penn Yan as a seasonal employee on June 9, 2001, who for reasons not ascribable to her own negligence, failed to become a member of such retirement system during such employment in the Village of Penn Yan in 2001, shall be deemed to have joined the New York state and local employees' retirement system on the date June 9, 2001 and shall be granted Tier IV status in such retirement system, if, within one year of the effective date of this act, she shall file a written request with the state comptroller.

§ 2. No contributions made to the New York state and local employees' retirement system by Kerry Brennan shall be returned or refunded to her pursuant to this act.

§ 3. All past service costs of implementing the provisions of this act shall be borne by the state of New York.

§ 4. This act shall take effect immediately.

FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

This bill will grant Tier 4 status in the New York State and Local

Employees' Retirement System to Kerry Brennan, a current Tier 5 member

employed by the County of Yates, by changing her date of membership to

June 9, 2001, her first date of employment with the Village of Penn Yan.

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 $1,900 in the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08260-02-9

S. 2931 2

annual contributions of the County of Yates for the fiscal year ending

March 31, 2020. In future years, this cost will vary as the billing

rates and salary of Kerry Brennan change.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of $20,200 which will 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 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 29, 2019, and intended for use only

during the 2019 Legislative Session, is Fiscal Note No. 2019-33,

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 Kerry Brennan

Purpose

This bill seeks to remedy an oversight that through no fault of her own, Kerry M. Brennan was not offered membership in the New York State and local Employees' retirement system as a tier IV member.

Summary of provisions

Section 1: Allows Kerry Brennan the opportunity to submit an application with the state comptroller to be classified as a Tier IV member with June 9, 2001 as her date of membership.

Section 2: States no contributions made to the retirement system shall be returned or refunded.

Section 3: States that all past employer costs of implementing the provisions of this act shall be borne by the State of New York.

Justification

Kerry M. Brennan was hired by Penn Yan on June 9, 2001 and for reasons not ascribable to her own negligence was not offered membership in the New York State and local Employees' Retirement System as a Tier IV member.

Legislative history

This is a new bill.

Fiscal implications

Please refer to 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.