What's happening
This bill allows James Renna to receive retroactive special retirement plan credit for his police service in the Town of Clay.
Why it matters
Addresses individual fairness in retirement benefits. The bill aims to correct an administrative oversight that prevented James Renna from receiving enhanced retirement credit, ensuring he is not penalized for an error that was not his fault.
Financial responsibility on local government. The Town of Clay, not the state, must cover the retroactive cost (estimated at $38,500), highlighting how such corrections can directly impact municipal budgets and require local legislative approval.
Precedent for similar cases. By allowing retroactive adjustments when an applicant was not at fault, the bill could set a precedent for future claims by other public employees seeking equitable retirement benefits due to administrative errors.
No ongoing state cost but potential local fiscal planning. While the bill does not increase recurring retirement costs for the state system, it introduces a one-time, potentially amortizable expense for the Town of Clay, which may affect local financial planning and priorities.
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Who cares
Headline styles
Grant Police Pension Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Grant Service Credit to Renna
In Assembly Committee · Governmental Employees · Sponsor Albert A. Stirpe
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7263
IN SENATE
January 15, 2020
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 James Renna to receive certain service credit under section 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, James Renna, a member of the New York state and local police and fire retirement system, who was employed as a police officer with the town of Clay, from December 7, 1992 through April 11, 1994, and who, through no fault of his own, failed to file a timely application to participate in the special twenty-year retirement plan contained in section 384-d of the retirement and social security law resulting in the crediting of his service with the town of Clay in the general retirement plan contained in section 375-i of such law, shall be given full credit in the special twenty-year retirement plan for such additional service upon the election of the town of Clay to assume the additional cost of such service. The town of Clay may so elect by filing a resolution of its local 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.
§ 2. All employer past service costs associated with implementing the provisions of this act shall be borne by the town of Clay and may be amortized over a ten year period.
§ 3. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill will grant James Renna, a Tier 2 member of the New York
State and Local Police and Fire Retirement System, additional service
creditable under the provisions of section 384-d together with section
384-e of the Retirement and Social Security Law, for time worked as a
police officer with the Town of Clay between December 1992 and April
1994. Such service is currently creditable only in the age 55 retirement
plan of section 375-g. Officer Renna is currently employed by the City
of Syracuse and covered under 384-d together with 384-e.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11765-06-0
S. 7263 2
If this bill is enacted, there will be no change in anticipated future
annual costs as the member continues to be covered by 384-d together
with 384-e. There will be an immediate past service cost of $38,500 to
be borne by the Town of Clay as a one-time payment. This cost assumes a
payment date of February 1, 2021. If the Town of Clay elects to amortize
this cost over a 10-year period, the cost for the first year would be
$5,090.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 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, 2019
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 December 17, 2019, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-17,
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 James Renna to receive certain service credit under section 384-d of the retirement and social security law
Purpose
This bill would allow a police officer employed by the Town of Clay to enroll in the optional twenty-year retirement plan.
Summary of provisions
Section 1: Authorizes the Town of Clay to offer the optional twenty year retirement plan to a police officer employed by the Town who failed to make a timely application to participate for reasons not ascribable to his own negligence.
Section 2: Specifies that all employer past service costs associated with implementing the provisions of this act shall be borne by the Town of Clay and may be amortized over a ten year period.
Section 3: Provides for an effective date.
Justification
For reasons not ascribable to his own negligence, Town of Clay police officer James Renna failed to make a timely application to participate in the optional twenty-year retirement system. This legislation would remedy that issue.
Legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
Immediately. NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.