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S3778Senate2019-2020 SessionSame asA6341

Grant Police Pension Credit

Official title

“Authorizes Jason Allen to receive certain service credit under section 384-d of the retirement and social security law”

Sponsor Pamela HelmingSD-54Affects Finance
Status
Signed by Governor
Impact
2/10
Minimal
Outcome
Signed into law

Bill progress

Signed into law

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Pamela Helming

Senator · Senate District 54

No co-sponsors yet.

History

  1. Signed chap.367
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.547
  7. Substituted for A6341
  8. Referred to ways and means
  9. Delivered to assembly
  10. Passed senateVote 61–0
  11. Home rule request
  12. Advanced to third reading
Show 3 earlier actions
  1. 2nd report cal.
  2. 1st report cal.919
  3. 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.

A6341Assembly

Grant Police Retirement Credit

Assembly Floor Calendar · Sponsor Brian Manktelow

Impact 2 · Minimal0% to pass

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.