What's happening
This bill allows Bret Steve to receive additional police retirement service credit for past service in Clyde if the village pays the cost.
Why it matters
Addresses fairness for an individual officer. The bill is designed to correct a past administrative issue that prevented Bret Steve from receiving more favorable retirement benefits, even though the failure to file was not his fault—potentially setting a precedent for handling similar cases of administrative oversight.
Financial impact is borne locally. The Village of Clyde, not the state or current employer, must pay the full cost of the enhanced retirement credit (estimated at $140,000), which could affect local budgets and taxpayers, especially if the cost is amortized over ten years.
Potential ripple effects for benefit policies. By allowing retroactive enrollment in a more generous retirement plan due to administrative error, the bill could prompt other municipalities and employees to seek similar corrections, potentially altering how retirement eligibility issues are handled statewide.
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
Credit Bret Steve’s Police Service
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- 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.
Credit Police Service Years
In Assembly Committee · Governmental Employees · Sponsor Brian Manktelow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3846
2019-2020 Regular Sessions
IN SENATE
February 19, 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 Bret Steve 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, Bret Steve, 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 Clyde, from February 1, 1997 through November 30, 2001, 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 Clyde 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 Clyde to assume the additional cost of such service. The village of Clyde 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 Clyde 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 Bret Steve, a Tier 2 member of the New York State
and Local Police and Fire Retirement System, additional service credita-
ble under the provisions of section 384-d of the Retirement and Social
Security Law, for time worked as a police officer of the Village of
Clyde between February 1997 and November 2001. Such service is currently
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09931-02-9
S. 3846 2
creditable in the age 55 retirement plan of section 375-c, but not in
the 20 year plan of section 384-d. Bret Steve is currently employed by
the City of Geneva.
If this legislation is enacted during the 2019 legislative session, we
estimate there will be an immediate past service cost of approximately
$140,000, which would be borne by the Village of Clyde 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 $18,600.
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, 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 February 15, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-79,
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 Bret Steve 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 Clyde to enroll in the optional twenty year retirement plan.
Summary of provisions
Section 1: Authorizes the Village of Clyde to offer the optional twenty 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 Clyde and may be amortized over a ten year period.
Section 3: Provides for an effective date.
JUSTIFICATIONa
For reasons not ascribable to his own negligence, Village of Clyde police officer Bret Steve failed to make a timely application to partic- ipate in the optional twenty year retirement system. This legislation 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.