What's happening
This bill allows Jason Allen to receive special twenty-year police retirement credit for prior service in Wolcott if the village pays associated costs.
Why it matters
Addresses an individual case of missed retirement benefit eligibility. The bill specifically allows Jason Allen to retroactively qualify for a more favorable police retirement plan, recognizing that his earlier ineligibility was not due to his own fault, which sets a precedent for legislative intervention in unique employee benefit situations.
Requires local government financial responsibility. The cost of granting this special retirement credit—estimated at $53,800—must be paid by the Village of Wolcott, potentially impacting its budget and signaling that municipalities, not the broader retirement system, are responsible for such exceptions.
Amortization flexibility for localities. The bill permits the village to pay the associated costs over ten years, easing immediate financial strain and providing a model for how municipalities might handle unexpected pension liabilities in similar cases.
Highlights the importance of administrative processes in public benefits. The need for this bill stems from a procedural misstep, emphasizing how critical timely paperwork and proper notifications are in ensuring public employees receive entitled benefits, and how legislative remedies may be required when those processes fail.
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Who cares
Headline styles
Grant Police Pension Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.367
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.547
- Substituted for A6341
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 61–0
- Home rule request
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.919
- 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.
Grant Police Retirement Credit
Assembly Floor Calendar · Sponsor Brian Manktelow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3778
2019-2020 Regular Sessions
IN SENATE
February 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 Jason Allen to receive certain service 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 to the contrary, Jason Allen, a member of the New York State and local police and fire retirement system, who was employed as a police officer with the village of Wolcott, from September 10, 1999 through November 24, 2000, and who, through no fault of his 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 his service with the village of Wolcott in the general retirement plan contained in section 375-i of such law, shall be given full credit in the special twenty year retirement plan for such additional cost of such service upon the election of the village of Wolcott to assume the additional cost of such service. The village of Wolcott may so elect by filing a resolution of its local legislative body together with certification that such police officer did not bar himself from participation in such retirement plan as a result of his own negligence.
§ 2. All employer past service costs associated with implementing the provisions of this act shall be borne by the village of Wolcott and may be amortized over a ten year period.
§ 3. This act shall take effect immediately.
Fiscal Note.--Pursuant to Legislative Law, Section 50:
This bill will grant Jason Allen, a Tier 2 member of the New York
State and Local Police and Fire Retirement System, additional service
creditable under the provisions of section 384-d of the Retirement and
Social Security Law, for time worked as a police officer of the Village
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09493-02-9
S. 3778 2
of Wolcott between September 1999 and November 2000. Such service is
currently creditable in the age 55 retirement plan on section 375-c, but
not in the 20 year plan of section 384-d. Jason Allen is currently
employed by the Town of Irondequoit.
If this legislation is enacted during the 2019 legislative session, we
estimate there will be an immediate past service cost of approximately
$53,800, which would be borne by the Village of Wolcott as a one-time
payment. This estimate is based on the assumption that payment will be
made on February 1, 2020. If this cost is amortized over 10 years, the
cost for the first year, including interest, would be $7,160.
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 February 13, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-50,
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 Jason Allen to receive certain service credit under section 384-d of the retirement and social security law
Purpose
This bill would allow a police officer employed by the Village of Wolcott to enroll in the optional twenty year retirement plan.
Summary of provisions
Section 1: Authorizes the Village of Wolcott to offer the optional twen- ty year retirement plan to a police officer employed by the Village who failed to make a timely application to participate for reasons not ascribable to his own negligence.
Section 2: Specifies that all employer past service costs associated with implementing the provisions of this act shall be borne by the Village of Wolcott and may be amortized over a ten year period.
Section 3: Provides for an effective date.
Justification
For reasons not ascribable to his own negligence, Village of Wolcott police officer Jason Allen failed to make a timely application to participate in the optional twenty year retirement system. This legis- lation would remedy that issue.
Legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.