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
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.
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.
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.
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
No co-sponsors yet.
History
- Signed chap.304
- Delivered to governor
- Returned to senate
- Passed assembly
- Home rule request
- Ordered to third reading rules cal.466
- Substituted for A7890
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Home rule request
- Ordered to third reading cal.1575
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.
Allow Nicolini Early Retirement
Assembly Floor Calendar · Sponsor Pamela J. Hunter
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.