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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3760                                                  A. 4986
                              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
       IN  ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and referred
         to the Committee on Governmental Employees
       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.
    8    S 2. Section 1 of chapter 43 of the laws of 2012, relating to allowing
    9  Gustin L. Reichbach to obtain service credit for his service as a  judge
   10  with  the United Nations administration mission in Kosovo, is amended to
   11  read as follows:
   12    Section 1. Notwithstanding any other provision of law to the contrary,
   13  Gustin L. Reichbach, currently serving  as  a  justice  of  the  supreme
   14  court,  second judicial district, and an active tier 4 member of the New
   15  York state and local employees' retirement system, shall be eligible  to
   16  receive  additional  service credit for any time not already credited in
   17  such system for the period from September 1, 2003 through  February  27,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06481-01-3
       S. 3760                             2                            A. 4986
    1  2004, during which period he rendered service as a judge with the United
    2  Nations  administration mission in Kosovo. The additional service credit
    3  granted, when added to the service already credited, shall not exceed  a
    4  total  of one year of credit for all service rendered in the fiscal year
    5  ending March 31, 2004. Such additional credit shall be obtained only  if
    6  on  or  before December 31, [2012] 2013, THE ADMINISTRATOR OF THE ESTATE
    7  OF Gustin L. Reichbach files a written request for such  service  credit
    8  with  the  administrative  head of the said retirement system. All costs
    9  necessary to finance the granting of this service credit shall be  borne
   10  by the state of New York.
   11    S 3. All costs associated with the implementation of this act shall be
   12  borne by the state of New York.
   13    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 to have taken effect one day before the date of  his
       death.    In  addition,  this bill allows the administrator of Gustin L.
       Reichbach's estate to file for additional  service  credit  for  service
       rendered as a judge with the United Nations War Crimes Tribunal in Koso-
       vo from September 1, 2003 through February 27, 2004.
         If  this bill is enacted, there will be an immediate past service cost
       of approximately $107,000, 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, 2014.
         Summary of relevant resources:
         Data:  March  31,  2012  Actuarial Year End File with distributions of
       membership and other statistics displayed in  the  2012  Report  of  the
       Actuary and 2012 Comprehensive Annual Financial Report.
         Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market Assets and GASB Disclosures: March 31, 2012 New York State  and
       Local  Retirement System Financial Statements and Supplementary Informa-
       tion.
         Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
       the 2012 Actuarial Valuations report.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This  estimate,  dated  December  21,  2012, and intended for use only
       during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-36,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System.