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S5955Senate2019-2020 SessionSame asA7890

Allow Officer Special Retirement

Official title

“Authorizes the city of Syracuse to offer an optional twenty year retirement program to police officer Thomas R. Nicolini”

Sponsor Rachel MaySD-53Affects Finance
Status
Signed by Governor
Impact
2/10
Minimal
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows the City of Syracuse to offer police officer Thomas R. Nicolini a retroactive twenty-year retirement plan.

Why it matters

  1. Sets a precedent for individual exceptions. By allowing a single officer to retroactively enroll in a retirement plan due to circumstances not caused by personal negligence, the bill could encourage future requests for similar exceptions from others who missed deadlines for reasons beyond their control.

  2. Creates a significant financial obligation for the city. Syracuse would be required to pay an immediate one-time cost of approximately $384,000 plus increased annual contributions (about $9,500/year initially), impacting the city's budget and potentially influencing decisions about similar cases in the future.

  3. Highlights administrative and legal flexibility. The bill demonstrates that state law can be amended to resolve individual administrative oversights or eligibility errors, which could raise questions about the consistency and fairness of retirement plan administration across municipalities.

  4. Addresses fairness in retirement benefits. The legislation seeks to ensure that an officer is not penalized for missing a retirement plan enrollment due to factors outside of his control, emphasizing the importance of equitable treatment for public employees.

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Who cares

Headline styles

Allow Officer Special Retirement

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

Sponsors

Primary sponsor
Rachel May

Senator · Senate District 53

Chair, Aging

No co-sponsors yet.

History

  1. Signed chap.304
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Home rule request
  6. Ordered to third reading rules cal.466
  7. Substituted for A7890
  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.1575
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.

A7890Assembly

Allow Nicolini Early Retirement

Assembly Floor Calendar · Sponsor Pamela J. Hunter

Impact 2 · Minimal0% to pass

Full text

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

STATE OF NEW YORK

5955

2019-2020 Regular Sessions

IN SENATE

May 16, 2019

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

AN ACT to authorize the city of Syracuse, in the county of Onondaga to offer an optional twenty year retirement plan to police officer Thomas R. Nicolini

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 city of Syracuse, in the county of Onondaga, a participating employer in the New York state and local police and fire retirement system, which previously elected to offer the optional twenty year retirement plan, established pursuant to section 384-d of the retirement and social security law, to police officers employed by such town, is hereby authorized to make participation in such plan available to Thomas R. Nicolini, a police officer employed by the city of Syracuse with a start date of July 23, 1999, who, for reasons not ascribable to his own negligence, failed to make a timely application to participate in such optional twenty year retirement plan. The city of Syracuse may so elect by filing with the state comptroller, within six months from the effective date of this act, a resolution of its town board 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, such police officer 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 that effect with the state comptroller within six months from the effective date of such resolution.

§ 2. All past costs associated with implementing the provisions of this act shall be borne by the city of Syracuse.

§ 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.

LBD11463-03-9

S. 5955 2

This bill will allow the City of Syracuse to elect to reopen the

provisions of Section 384-d of the Retirement and Social Security Law

for police officer Thomas R. Nicolini.

If this bill is enacted during the 2019 legislative session, we antic-

ipate that there will be an increase of approximately $9,500 in the

annual contributions of the City of Syracuse for the fiscal year ending

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

rates and salary of Officer Nicolini change.

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

an immediate past service cost of approximately $384,000 which will be

borne by the City of Syracuse 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.

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 15, 2019, and intended for use only during

the 2019 Legislative Session, is Fiscal Note No. 2019-110, 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 the city of Syracuse, in the coun- ty of Onondaga to offer an optional twenty year retirement plan to police officer Thomas R. Nicolini

Purpose

To reopen the optional twenty year retirement plan, established pursuant to section 384-d of the retirement and social security law, to police officer Thomas R. Nicolini.

Summary of provisions

Section one reopens the twenty year retirement plan to an individual Syracuse police officer. Section two places service costs with the City of Syracuse.

Justification

This bill allows for an individual police officer to reopen the option for a twenty year retirement plan.

Legislative history

2015-16: S.1577-A REF TO CIVIL SERVICE AND PENSIONS/A.4287-A ref to governmental employees

Fiscal implications

None to the state.

Effective date

Immediately.

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