What's happening
This bill allows certain Port Chester police officers to receive retroactive retirement plan credit and benefits, with costs covered by the village.
Why it matters
Corrects Retirement Enrollment Errors. The bill addresses mistakes where Port Chester police officers were enrolled in the wrong retirement plans through no fault of their own, ensuring they receive the retirement benefits they should have been eligible for from the start.
Requires Local Financial Commitment. By mandating that the Village of Port Chester pay all past and future costs associated with these corrections (including the option to spread payments over ten years), the bill places financial responsibility on the municipality, not the state or other entities.
Potential Precedent for Similar Cases. If enacted, this legislation could set a precedent for other municipalities and employees who have faced administrative errors affecting retirement benefits, potentially prompting more requests for individualized legislative remedies.
Impacts Officer Retention and Morale. Guaranteeing officers the retirement benefits they expected may help with retention, morale, and fairness within the police department, sending a message that such errors will be rectified when discovered.
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Who cares
Headline styles
Let Port Chester Cops Retire Early
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Recommitted to rules
- Ordered to third reading cal.1197
- Committee discharged and committed to rules
- Referred to civil service and pensions
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5785
2019-2020 Regular Sessions
IN SENATE
May 14, 2019
Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize certain police officers to receive certain service credit under sections 384 and 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 to the contrary, Jonathan Roman, David Arroyo, and Vincent Fiumara, members of the New York state and local police and fire retirement system, who were appointed as police officers with the village of Port Chester on August 4, 2014, and who, through no fault of their own, were enrolled to participate in the special twenty-five year retirement plan contained in section 384 of the retirement and social security law, shall be given full credit in the special twenty year retirement plan contained in section 384-d of the retirement and social security law for such service upon the election of the village of Port Chester to assume the additional cost of such service. The village of Port Chester may so elect by filing with the state comptroller within 180 days of the effective date of this act, a resolution of its legislative body, together with certification that such police officers did not bar themselves from participation in such retirement plan as a result of their own negligence. Thereafter, such officers may elect to be covered by the provisions of 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, by filing a request to this effect with the state comptroller within one year of the effective date of this act.
§ 2. Notwithstanding any other provision of law to the contrary, Jason Behar, a member of the New York state and local police and fire retirement system, who transferred as a police officer from the city of Mount Vernon to the village of Port Chester on May 26, 2015, and who, through
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11075-06-9
S. 5785 2
no fault of his own, was enrolled to participate in the special twenty year retirement plan contained in section 384-d of the retirement and social security law, shall be given full credit in the optional retirement plan contained in section 384 of the retirement and social security law for such service upon the election of the village of Port Chester to assume the additional cost of such service. The village of Port Chester may so elect by filing with the state comptroller, within 180 days of the effective date of this act, a resolution of its legislative body together with certification that such police officer did not bar himself from participation in such retirement plan as a result of his own negligence. Thereafter, Jason Behar may elect to be covered by the provisions of section 384 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 within one year of the effective date of this act.
§ 3. All past service costs associated with implementing the provisions of this act shall be borne by the village of Port Chester and may be amortized over a ten year period.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow the village of Port Chester to reopen the
provisions of Section 384-d of the Retirement and Social Security Law
(RSSL) for police officers Jonathan Roman, David Arroyo and Vincent
Fiumara and to reopen the provisions of Section 384 of RSSL for police
officer Jason Behar.
If this bill is enacted during the 2019 legislative session and Jona-
than Roman, David Arroyo and Vincent Fiumara become covered under the
provisions of Section 384-d, we anticipate that there will be an
increase of approximately $12,000 in the annual contributions of the
village of Port Chester for the fiscal year ending March 31, 2020. In
future years, this cost will vary as the billing rates and salary of
these police officers change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of $43,000, which will be borne by the
village of Port Chester as a one-time payment. This estimate is based on
the assumption that payment will be made on February 1, 2020. If the
village elects to amortize this cost over a 10 year period, the cost for
the first year would be $5,730.
If Jason Behar becomes covered under the provisions of Section 384,
there will be an immediate cost for the return of member contributions
of $17,300 which will be borne by the village of Port Chester as a one-
time payment. This estimate is based on the assumption that payment will
be made on February 1, 2020.
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.
S. 5785 3
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 May 13, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-107, 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 certain police officers to receive certain service credit under sections 384 and 384-d of the retirement and social security law
Purpose or general idea of bill
This bill will allow Jonathan Roman, David Arroyo, and Vincent Fiumara, police officers employed by the Village of Port Chester, to participate in the New York state and local retirement system under the provisions of section 384-d of the retirement and social security law, and will allow Jason Behar, a police officer employed by the Village of Port Chester, to participate in the New York state and local retirement system under the provisions of section 384 of the retirement and social security law.
Summary of provisions
Section 1 of the bill provides that Jonathan Roman, David Arroyo, and Vincent Fiumara, police officers employed by the Village of Port Ches- ter, may be given full credit in the special twenty year retirement plan contained in section 384-d of the retirement and social security law. This change shall be made effective upon the election of the Village of Port Chester to assume the costs of such service and by making certain filings with the state comptroller.
Section 2 of the bill provides that Jason Behar, a police officer employed by the Village of Port Chester, may be given full credit in the retirement plan contained in section 384 of the retirement and social security law. This change shall be made effective upon the election of the Village of Port Chester to assume the costs of such service and by making certain filings with the state comptroller.
Section 3 sets an immediate effective date.
Justification
Police Officers Jonathan Roman, David Arroyo, and Vincent Fiumara became employed by the Village of Port Chester on August 4, 2014. At that time, through no fault of their own, they were enrolled in the New York state and local retirement system retirement plan under section 384 of the retirement and social security law, however, it was their desire to instead enroll in the New York state and local retirement system retire- ment plan under section 384-d of the retirement and social security law.
Police Officer Jason Behar became employed by the Village of Port Ches- ter on May 26, 2015. At that time, through no fault of his own, he was enrolled in the New York state and local retirement system retirement plan under section 384-d of the retirement and social security law, however, it was his desire to enroll in the New York state and local retirement system retirement plan under section 384 of the retirement and social security law.
This bill credits the service of the above-named officers to date in the New York state and local retirement system retirement plan under the sections of the retirement and social security law that such officers desired.
Prior legislative history
None
Fiscal implications
None to the state. Fiscal note attached.
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.