What's happening
This bill allows Shawn Coveny retroactive membership in the New York state and local employees' retirement system dating to May 31, 2008.
Why it matters
Ensures fairness for individual employees. By allowing Shawn Coveny to claim retroactive membership, the bill addresses a situation where an employee missed out on retirement benefits due to circumstances beyond his control, setting a precedent for addressing similar administrative oversights.
State, not individual, covers extra costs. The legislation explicitly states that the State of New York will bear both the immediate and ongoing costs associated with granting this retroactive membership, meaning the financial burden does not fall on the individual or on existing retirement system members.
Potential implications for retirement system policy. Granting retroactive membership in this way could influence future cases or policies regarding exceptions and administrative errors in public employee retirement systems, possibly impacting how similar cases are handled for other employees.
Limited fiscal impact. While the bill does create new costs (about $2,660 one-time and approximately $4,000 annually, subject to change), these amounts are relatively minor in the context of the state budget, but they highlight the cumulative fiscal implications if such exceptions become more frequent.
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Who cares
Headline styles
Grant Retroactive Retirement Benefits
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to civil service and pensions
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6434
2019-2020 Regular Sessions
IN SENATE
June 11, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT granting retroactive membership in the New York state and local employees' retirement system to Shawn Coveny
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law to the contrary, Shawn Coveny, an employee of the New York State Department of Corrections and Community Supervision and a member of the New York state and local employees' retirement system, who was employed as a New York state park aide for Letchworth State Park as a seasonal employee in the summer of 2008, who for reasons not ascribable to his own negligence, failed to become a member of such retirement system during such employment by Letchworth State Park in 2008, shall be deemed to have joined the New York state and local employees' retirement system on the date May 31, 2008 if, within one year of the effective date of this act, he shall file a written request with the state comptroller.
§ 2. No contributions made to the New York state and local employees' retirement system by Shawn Coveny shall be returned or refunded to him pursuant to this act.
§ 3. All past service costs of implementing the provisions of this act shall be borne by the state of New York.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will change the date of membership for Shawn Coveny, a
current Tier 6 member in the New York State and Local Employees' Retire-
ment System employed by the New York State Department of Corrections and
Community Supervision, to May 31, 2008, his first date of employment
with Letchworth State Park. There will be no refund of member contrib-
utions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13116-03-9
S. 6434 2
If this bill is enacted during the 2019 legislative session, there
will be an increase of approximately $4,000 in the annual contributions
of the State of New York for the fiscal year ending March 31, 2020. In
future years, this cost will vary as the billing rates and salary of
Shawn Coveny change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $2,660 which will be
borne by the State of New York as a one-time payment. This estimate is
based on the assumption that payment will be made on March 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 June 7, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-136, 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 granting retroactive membership in the New York state and local employees' retirement system to Shawn Coveny
Purpose
This bill authorizes Shawn Coveny to change his date of membership in the New York State and Local Employees' Retirement System.
Summary of provisions
Section 1: Authorizes Shawn Coveny to apply for retroactive membership in the New York State and Local Employees' Retirement System with an effective date of May 31, 2008.
Section 2: States no contributions made to the retirement system shall be returned or refunded.
Section 3: States that all past employer costs of implementing the provisions of this act shall be borne by the State of New York.
Section 3: Provides that this act shall take effect immediately.
Justification
Shawn Coveny was employed as a New York State park aide for Letchworth State Park as a seasonal employee on May 31, 2008. However, due to no fault of his own, he did not become a member of the New York State and Local Employees' Retirement System. This legislation would correct this oversight by allowing Mr. Coveny to join the retirement system as of May 31, 2008.
Legislative history
2018: S.8713/A.10770 Passed both houses
Fiscal implications
See attached fiscal note.
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.