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
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.
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.
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.
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.
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
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
No co-sponsors yet.
History
- Signed chap.604
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.651
- Substituted for A7434
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Home rule request
- Ordered to third reading cal.1823
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.
Let Three Deputies Retire Early
Assembly Floor Calendar · Sponsor Dan Stec
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.