What's happening
This bill allows Rebecca Leonard to retroactively join Tier IV of the New York State and Local Employees' Retirement System, with Nassau County covering related costs.
Why it matters
Tier IV membership offers more favorable retirement benefits. (such as lower employee contributions, better pension calculations, and earlier retirement ages) compared to Tier V, so this change could significantly improve Rebecca Leonard’s long-term financial security.
The bill sets a precedent for allowing retroactive tier changes. for government employees who may have missed a crucial filing deadline, potentially opening the door for similar requests in the future and affecting administrative processes.
Nassau County, not the state or the pension system, will bear both the immediate ($16,100) and ongoing costs. of this adjustment, which means local taxpayers will directly fund the increased pension liability rather than spreading it across broader state resources.
No refund of employee contributions is granted. , so Rebecca Leonard will not receive back any extra money she may have paid under Tier V, but she will gain the advantages of Tier IV going forward, highlighting a compromise between individual benefit and system integrity.
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Who cares
Headline styles
Restore Rebecca Leonard's Pension Tier
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 4366a
- Amend and recommit to civil service and pensions
- 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.
Retroactive Pension for Leonard
In Assembly Committee · Governmental Employees · Sponsor Steve Stern
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4366--A
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
Introduced by Sen. GAUGHRAN -- 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 granting retroactive tier IV membership in the New York state and local employees' retirement system to Rebecca Leonard
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, Rebecca Leonard, formerly Rebecca Abensur, a member of the New York state and local employees' retirement system, who was employed in November 2007, by Half Hollow Hills Central School District, who did not file a membership application in such system until 2010, which gave her Tier V status instead of Tier IV status, where she would have been had she filed a membership application when she became a permanent employee in November 2007 may be deemed to have become a member of the New York state and local employees' retirement system in November 2007 if, within one year of the effective date of this act, she shall file with the state comptroller a written request to that effect. Upon the granting of such retroactive membership, Rebecca Leonard shall not be granted a refund of any employee contribution made by her to the New York state and local employees' retirement system.
§ 2. All past service costs associated with the implementation of this act shall be borne by the county of Nassau.
§ 3. 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 Rebecca Leonard, a current Tier 5 member
employed by Nassau County, by changing her date of membership to Novem-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07966-03-0
S. 4366--A 2
ber 2007, her first date of employment with the Half Hollow Hills
Central School District. There will be no refund of member contrib-
utions.
If this legislation is enacted during the 2020 legislative session, we
anticipate that there will be an increase of approximately $2,400 in the
annual contributions of Nassau County for the fiscal year ending March
31, 2021. In future years, this cost will vary as the billing rates and
salary of Rebecca Leonard change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $16,100 which will be borne by Nassau
County as a one-time payment. This estimate is based on the assumption
that payment will be made on February 1, 2021.
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 January 22, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-23,
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 tier IV membership in the New York state and local employees' retirement system to Rebecca Leonard
Purpose or general idea of bill
Allows Rebecca Leonard, formerly Rebecca Abensur, who is currently a member of Tier V of the New York State and Local Employees Retirement System, and employed by Nassau County, to claim a benefit from her original employment start date when she was an employee of a New York State School District.
Summary of specific provisions
Section 1 allows the beneficiary of Rebecca Leonard, formerly Rebecca Abensur to receive a benefit based on the total service credit to which she was entitled at the time of her employment start.
Section 2 requires that all costs associated with this act be borne by Nassau County.
Section 3 contains the effective date.
Justification
Rebecca Leonard, formerly Rebecca Abensur was employed by the Half Hollow Hills School District in November 2007. She was eligible to join the pension system during this time, but declined. She did so as per instructions from a superior. At the time she would have been eligible for entrance into Tier IV. She is now an employee with Nassau County and a member of Tier V. Had she entered the pension system in 2007, she would be a member of Tier IV. This bill allows her to retroactively enter the pension tier that she was entitled to in 2007.
Prior legislative history
2018: A.7498-A Amend and Recommit to Governmental Employees 2017: A.7498: Referred to Governmental Employees
Fiscal implications
Refer to fiscal note on the bill.
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.