Bill Text: NY A04986 | 2013-2014 | General Assembly | Amended


Bill Title: Allows the New York State and local employees' retirement system to posthumously establish a service retirement for Gustin L. Reichbach and extends the time in which the administrator of his estate may apply to obtain service credit for his service as a judge with the United Nations administration mission in Kosovo.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-12-29 - signed chap.535 [A04986 Detail]

Download: New_York-2013-A04986-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3760--A                                            A. 4986--A
                                                               Cal. No. 223
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 14, 2013
                                      ___________
       IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Civil
         Service  and Pensions -- recommitted to the Committee on Civil Service
         and Pensions in accordance with Senate Rule 6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN  ASSEMBLY  --  Introduced by M. of A. MILLMAN, AUBRY -- read once and
         referred to the Committee on Governmental Employees -- advanced  to  a
         third  reading,  amended and ordered reprinted, retaining its place on
         the order of third reading
       AN ACT to allow the New  York  state  and  local  employees'  retirement
         system  to  posthumously  establish a service retirement for Gustin L.
         Reichbach; and to amend chapter 43 of the laws of  2012,  relating  to
         allowing Gustin L.  Reichbach to obtain service credit for his service
         as  a  judge with the United Nations administration mission in Kosovo,
         in relation to the filing requirements for such service credit
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding any other provision of law to the contrary,
    2  the  service  retirement  application  filed with the New York state and
    3  local employees' retirement system  by  Gustin  L.  Reichbach,  who  was
    4  employed  as  a  justice of the supreme court, second judicial district,
    5  was a member of such retirement system and who died  on  July  14,  2012
    6  prior  to  the effective date of his retirement, shall be deemed to have
    7  taken effect one day before the date of his death. If, within  one  year
    8  from  the effective date of this act, the administrator of the estate of
    9  Gustin L. Reichbach files a written request for such service  retirement
   10  with  the  administrative  head of said retirement system. The filing of
   11  such a request will constitute a waiver of any  rights  or  benefits  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06481-04-4
       S. 3760--A                          2                         A. 4986--A
    1  Article 15 disability retirement awarded to Gustin L. Reichbach pursuant
    2  to section 605 of the retirement and social security law.
    3    S 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing
    4  Gustin  L. Reichbach to obtain service credit for his service as a judge
    5  with the United Nations administration mission in Kosovo, is amended  to
    6  read as follows:
    7    Section 1. Notwithstanding any other provision of law to the contrary,
    8  Gustin  L. Reichbach, [currently serving] WHO DIED ON JULY 14, 2012, AND
    9  WHO SERVED as a justice of the supreme court, second judicial  district,
   10  and  [an  active]  WAS  A  tier 4 member of the New York state and local
   11  employees' retirement system, shall be eligible  to  receive  additional
   12  service  credit for any time not already credited in such system for the
   13  period from September 1, 2003 through February 27,  2004,  during  which
   14  period  he  rendered service as a judge with the United Nations adminis-
   15  tration mission in Kosovo. The additional service credit  granted,  when
   16  added  to  the service already credited, shall not exceed a total of one
   17  year of credit for all service rendered in the fiscal year ending  March
   18  31, 2004. ANY INCREASE IN BENEFITS RESULTING FROM THE ADDITIONAL SERVICE
   19  CREDIT  PROVIDED BY THIS ACT SHALL BE RETROACTIVE TO THE DATE OF RETIRE-
   20  MENT. Such additional credit shall be obtained  only  if  on  or  before
   21  December  31,  [2012] 2014, THE ADMINISTRATOR OF THE ESTATE OF Gustin L.
   22  Reichbach files a written request  for  such  service  credit  with  the
   23  administrative  head  of the said retirement system. All costs necessary
   24  to finance the granting of this service credit shall  be  borne  by  the
   25  state of New York.
   26    S 3. All costs associated with the implementation of this act shall be
   27  borne by the state of New York.
   28    S 4. This act shall take effect immediately.
         FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
         This  bill  would  deem  the  service  retirement application filed by
       Gustin L. Reichbach, a justice of  the  Supreme  Court,  to  have  taken
       affect  one  day  before  his date of death. In addition, this bill will
       allow the administrator of his estate to file a written request with the
       New York State and Local Employees'  Retirement  System  for  additional
       service  credit  for service rendered as a judge with the United Nations
       War Crimes Tribunal in Kosovo from September 1,  2003  through  February
       27, 2004.
         If  this bill is enacted, there will be an immediate past service cost
       of approximately $115,000, which would 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, 2015.
         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, 2013  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2013
       Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012 and 2013  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, 2013
       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.
       S. 3760--A                          3                         A. 4986--A
         This  estimate,  dated  February  13,  2014, and intended for use only
       during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-75,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System.
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