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S4724Senate2019-2020 SessionSame asA6977

Grant Officer Extra Retirement Credit

Official title

“Grants William J. Cooley additional service credit within the New York state and local police and fire retirement system”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
Vetoed
Impact
2/10
Minimal
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill allows William J. Cooley to receive additional police retirement service credit for his prior service as an Erie County deputy sheriff.

Why it matters

  1. Addresses a gap in pension credit rules. by allowing prior service as a deputy sheriff (which normally doesn’t count toward police retirement) to be credited, potentially setting a precedent for similar cases where employees’ service in related roles is excluded from more generous retirement plans.

  2. Financial impact on the City of Buffalo. is immediate and significant: the city must pay a one-time cost of approximately $352,000 to fund the additional retirement credit, which could influence municipal budgeting and raise questions about who bears costs for retroactive benefit changes.

  3. Highlights administrative and legal nuances. in public employee pensions, particularly how actions outside an individual’s control (not “ascribable to his own negligence”) can create gaps in benefits, prompting legislative remedies rather than administrative fixes.

  4. May encourage scrutiny or future requests. from other public employees in similar positions who were previously excluded from certain retirement benefits due to technicalities in service classification or transitions between roles.

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Who cares

Headline styles

Grant Officer Extra Retirement Credit

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

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

1 Co-sponsor

History

  1. Vetoed memo.235
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.624
  7. Substituted for A6977
  8. Referred to ways and means
  9. Delivered to assembly
  10. Passed senateVote 62–0
  11. Home rule request
  12. Ordered to third reading cal.1428
Show 2 earlier actions
  1. Committee discharged and committed to rules
  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.

A6977Assembly

Grant Cooley Extra Pension Credit

Assembly Floor Calendar · Sponsor Sean Ryan

Impact 2 · Minimal0% to pass

Full text

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

STATE OF NEW YORK

4724

2019-2020 Regular Sessions

IN SENATE

March 22, 2019

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions

AN ACT in relation to granting William J. Cooley additional service credit with the New York state and local police and fire retirement system

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, William J. Cooley, currently a city of Buffalo police officer and member of the New York state and local police and fire retirement system covered by section 384-d of the retirement and social security law, who for the period beginning November 12, 2002 and ending in July of 2006, was employed as a deputy sheriff by the Erie County Sheriff's Department where he was a member of the New York state and local employees' retirement system, and who, for reasons not ascribable to his own negligence, was not granted service credit under section 384-d of the retirement and social security law for his period of employment with the Erie County Sheriff's Department, shall be granted such service credit under section 384-d of the retirement and social security law, if on or before the thirty-first of December next succeeding the effective date of this act, he shall file a written request to that effect with the state comptroller.

§ 2. All past service costs incurred in implementing the provisions of this act shall be borne by the city of Buffalo.

§ 3. This act shall take effect immediately.

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

This bill will grant service credit under section 384-d of the Retire-

ment and Social Security Law to William J. Cooley, a current member of

the New York State and Local Police and Fire Retirement System (PFRS),

for the period of November 12, 2002 through July of 2006, during which

he was employed as a deputy sheriff in Erie County. Currently, deputy

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

[ ] is old law to be omitted.

LBD02857-02-9

S. 4724 2

sheriff service is not creditable in a PFRS twenty year police retire-

ment plan.

If this bill is enacted during the 2019 legislative session, there

will be an immediate past service cost of approximately $352,000 which

will be borne by the City of Buffalo as a one-time payment. This esti-

mate is based on the assumption that payment will be made on February 1,

2020.

There will be no increase in the annual contributions of the City of

Buffalo.

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 March 21, 2019, and intended for use only during

the 2019 Legislative Session, is Fiscal Note No. 2019-94, 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 in relation to granting William J. Cooley addi- tional service credit with the New York state and local police and fire retirement system

Purpose of the bill

This legislation corrects a statutory deficiency by permitting Detective William Cooley, of the Buffalo Police Department (BPD), the authority to transfer service credit accrued resulting from his employment with the Erie County Sheriff's Department to the pension plan of his existing employer.

Summary of provisions

Section 1 establishes the authority to transfer service credit.

Section 2 requires past service costs to be borne by the City of Buffalo.

Section 3 sets forth the effective date.

Justification

William Cooley, due to circumstances beyond his control was laid-off from his position as a sworn officer with the Buffalo Police Department (BPD) in 2002, thereby requiring him to seek alternative employment as an Erie County Sheriff's Deputy for a period of approximately three years. Mr. Cooley, subsequently reinstated to the BPD, is currently a detective with the department.

Given the aforementioned unique situation and his continued employment as a law enforcement officer, it is necessary to afford Mr. Cooley the option as set forth within this legislation.

Prior legislative history

2017-18: S.6664A/A.8718A passed Senate/referred to governmental employ- ees

Fiscal implications

See fiscal note.

Effective date

The bill would take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.