What's happening
This bill allows Patrick Humiston, a Buffalo police officer, to receive full police retirement service credit for his prior deputy sheriff employment.
Why it matters
Addresses an administrative gap. The bill corrects a situation where Patrick Humiston did not receive police retirement credit for his prior deputy sheriff service due to no fault of his own, highlighting how bureaucratic or administrative oversights can impact individual retirement benefits.
Sets a precedent for similar cases. By allowing retroactive service credit through legislation, this bill could open the door for other public safety employees in New York who find themselves in similar circumstances, potentially prompting further requests for legislative remedies.
Imposes a one-time cost on Buffalo. The City of Buffalo will be responsible for a sizeable one-time payment (about $237,000) to cover the additional retirement liability, underscoring the fiscal impact that individual pension adjustments can have on municipal budgets.
Highlights difference in retirement systems. The legislation draws attention to the fact that not all law enforcement service is credited equally in New York’s various retirement plans, illustrating gaps and inconsistencies in how public safety workers’ careers are recognized for pension purposes.
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Who cares
Headline styles
Allow Police Pension Credit
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Vetoed memo.236
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.625
- Substituted for A6998
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Home rule request
- Ordered to third reading cal.1429
Show 2 earlier actions
- Committee discharged and committed to rules
- 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 Patrick Burke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4725
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 to authorize Patrick Humiston 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, Patrick Humiston, currently a city of Buffalo police officer and member of the New York State and local police and fire retirement system covered under section 384-d of the retirement and social security law, who for a period beginning November 12, 2002 and ending August 21, 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 and shall be entitled to the full rights and benefits associated with coverage under such section as well as section 384-e of such law, provided that a request to that effect is filed with the state comptroller within one year from the effective date of this act.
§ 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 together with
section 384-e of the Retirement and Social Security Law to Patrick J.
Humiston, a current member of the New York State and Local Police and
Fire Retirement System (PFRS), for the period of November 12, 2002
through August 21, 2006, during which he was employed as a deputy sher-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02951-02-9
S. 4725 2
iff in Erie County. Currently, deputy sheriff service is not creditable
in a PFRS twenty year police retirement plan.
If this bill is enacted during the 2019 legislative session, there
will be an immediate past service cost of approximately $237,000 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. 2019-93, 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 Patrick Humiston to receive certain service credit under section 384-d of the retirement and social security law
Purpose of the bill
This legislation corrects a statutory deficiency by permitting Officer Patrick Humiston, 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
Patrick Humiston, 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. Humiston, was subsequently reinstated to the BPD in 2006.
Given the aforementioned unique situation and his continued employment as a law enforcement officer, it is necessary to afford Mr. Humiston the option as set forth within this legislation.
Prior legislative history
2018: S.8051/A.10765 passed Senate/referred to governmental employees
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.