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S5611Senate2019-2020 SessionSame asA7434

Let Three Deputies Join Retirement

Official title

“Allows deputy sheriffs Matthew Ashton, Bradley Hamilton, and Joshua Whitney, to join the optional twenty-five year retirement plan, county of Washington”

Sponsor Betty LittleSD-45Affects Finance
Status
Signed by Governor
Impact
2/10
Minimal
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows three Washington County deputy sheriffs to join the 25-year retirement plan despite missing the original deadline.

Why it matters

  1. Addresses a fairness issue for employees. The bill offers a remedy for three deputies who missed the retirement plan application deadline for reasons not due to their own negligence, supporting the principle that workers shouldn't be penalized for administrative or procedural errors outside their control.

  2. Has direct fiscal impacts on local government. Washington County will be responsible for both increased annual retirement contributions (about $9,700/year initially) and a one-time "past service" cost ($83,800, which can be spread over five years), potentially affecting county budget planning and priorities.

  3. May set a precedent for similar cases. By providing a legislative fix for missed retirement deadlines, the bill could prompt other employees or counties in New York to seek similar relief, potentially increasing the number of exceptions and associated costs statewide.

  4. Ensures full retirement benefits for affected deputies. Passage means these deputies can access the more favorable 25-year retirement plan, which could improve their retirement security and serve as a morale and retention tool for county law enforcement personnel.

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Who cares

  • Deputy sheriffs Matthew Ashton, Bradley Hamilton and Joshua Whitney

    The bill would let them join Washington County’s optional twenty-five-year retirement plan despite missing the application deadline for reasons not attributable to their own negligence.

  • Washington County government

    The county would have 180 days after the bill takes effect to authorize participation and would bear all past service costs, with the option to spread them over five years.

  • New York State Comptroller’s office

    The office would receive the county’s resolution and certification, followed by individual enrollment requests from the deputies within one year after the bill takes effect.

Headline styles

Let Three Deputies Join Retirement

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

Sponsors

Primary sponsor
Betty Little

Senator · Senate District 45

No co-sponsors yet.

History

  1. Signed chap.604
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.651
  7. Substituted for A7434
  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.1823
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.

A7434Assembly

Let Three Deputies Retire Early

Assembly Floor Calendar · Sponsor Dan Stec

Impact 2 · Minimal0% to pass

Full text

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

STATE OF NEW YORK

5611

2019-2020 Regular Sessions

IN SENATE

May 8, 2019

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

AN ACT to allow deputy sheriffs Matthew Ashton, Bradley Hamilton, and Joshua Whitney to join the optional twenty-five year retirement plan, county of Washington

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, the county of Washington, a participating employer in the New York state employees' retirement system, which previously elected to offer the optional twenty-five year retirement plan, established pursuant to article 14-B of the retirement and social security law, is hereby authorized to make participation in such plan available to Matthew Ashton, Bradley Hamilton, and Joshua Whitney, deputy sheriffs employed by the county of Washington, who, for reasons not ascribable to their own negligence failed to make a timely application to participate in such optional twenty-five year retirement plan. The county of Washington may so elect by filing with the state comptroller, on or before 180 days after this act shall have become a law, a resolution of its governing body together with certification that such deputy sheriffs did not bar themselves from participation in such retirement plan. Thereafter, such deputy sheriffs, may individually elect to be covered by the provisions of section 551 of the retirement and social security law, and shall be entitled to the full rights and benefits associated with coverage under such section, by filing a request to that effect with the state comptroller on or before one year after this act shall have become a law.

§ 2. All past service costs associated with implementing the provisions of this act shall be borne by the county of Washington and may be amortized over a period of five years.

§ 3. This act shall take effect immediately.

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

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

[ ] is old law to be omitted.

LBD04995-03-9

S. 5611 2

This bill will allow the county of Washington to elect to reopen the

provisions of Section 551 of the Retirement and Social Security Law for

deputy sheriffs Matthew Ashton, Bradley Hamilton and Joshua Whitney.

If this bill is enacted during the 2019 legislative session and these

three deputy sheriffs become covered under the provisions of Section

551, we anticipate that there will be an increase of approximately

$9,700 in the annual contributions of Washington County for the fiscal

year ending March 31, 2020. In future years, this cost will vary as the

billing rates and salaries of these deputy sheriffs change.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of $83,800 which will be borne by Wash-

ington County as a one-time payment. This estimate is based on the

assumption that payment will be made on February 1, 2020. If Washington

County elects to amortize this cost over a 5 year period, the cost for

the first year including interest would be $19,100.

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 28, 2019, and intended for use only during

the 2019 Legislative Session, is Fiscal Note No. 2019-96, 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 allow deputy sheriffs Matthew Ashton, Brad- ley Hamilton, and Joshua Whitney to join the optional twenty-five year retirement plan, county of Washington

Purpose or general idea of bill

The purpose of the legislation is to allow Washington County to elect to reopen the provisions of Section 551 of the Retirement and Social Secu- rity Law for deputy sheriffs Matthew Ashton, Bradley Hamilton and Joshua Whitney to join the optional twenty-five year retirement plan.

Summary of provisions

Section 1: Allows Washington County to offer the optional twenty-five year retirement plan, established pursuant to Section 551 of the Retire- ment and Social Security Law to Matthew Ashton, Bradley Hamilton and Joshua Whitney.

Section 2: Specifies that all past service costs associated with imple- menting the provisions of this act shall be borne by Washington County and may be amortized over a five year period.

Section 3: Effective date.

Justification

For reasons not ascribable to their own negligence, Matthew Ashton, Bradley Hamilton and Joshua Whitney failed to make a timely application to participate in the optional twenty-five year retirement plan estab- lished pursuant to Section 551 of the Retirement and Social Security Law.

Legislative history

New bill

Fiscal implications

This legislation will have no fiscal implications to the State; all past service costs associated with implementing the provisions of this act shall be borne by Washington County and may be amortized over a period of five years. There will be an immediate past service cost of $83,800 which will be borne by Washington County as a one-time payment.

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.