Bill Text: NY S05235 | 2023-2024 | General Assembly | Amended


Bill Title: Grants retroactive membership with Tier 1 status in the New York state teachers' retirement system to James J. DeMarco.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-11 - PRINT NUMBER 5235A [S05235 Detail]

Download: New_York-2023-S05235-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5235--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023
                                       ___________

        Introduced  by Sen. GALLIVAN -- 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  commit-
          tee

        AN  ACT  granting  retroactive  membership with tier I status in the New
          York teachers' retirement system to James J. DeMarco

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Notwithstanding  any  other law to the contrary, James J.
     2  DeMarco, who was employed as a seasonal employee with the New York power
     3  authority with a start date of July 17, 1969, and  who  is  currently  a
     4  retired  member  of  the New York state teachers' retirement system, who
     5  through no fault of his own did not become a  member  of  the  New  York
     6  state and local employees' retirement system on July 17, 1969 when first
     7  employed by the New York power authority shall be deemed to have  been a
     8  member  of  the New York state and local employees' retirement system on
     9  such date he commenced his  employment  and  shall  be  granted  Tier  I
    10  status,  provided  that an application is filed with the head of the New
    11  York state teachers' retirement system within one year from  the  effec-
    12  tive date of this act.
    13    § 2. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          This bill would allow James J. DeMarco, a retired Tier 2 member of the
        New York State Teachers' Retirement System, to be reclassified as a Tier
        1 member. His date of membership would be changed to July 17, 1969 based
        upon  his  employment  as  a  seasonal  employee  for the New York Power
        Authority. Additionally, Mr. DeMarco's  pension  would  be  recalculated
        with  retroactive  adjustment to payments made since his date of retire-
        ment of December 7, 2007. Mr. DeMarco must file a written  request  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00557-03-4

        S. 5235--A                          2

        the  head  of  the New York State Teachers' Retirement System within one
        year of the effective date of this bill.
          The cost of this benefit is equal to the increase in the present value
        of  liabilities,  which  is  estimated to be $93,500. This cost is to be
        borne by the employers of  members  of  the  New  York  State  Teachers'
        Retirement System.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2023, consisting of data provided by the employers to the
        Retirement System. The most recent data distributions and statistics can
        be  found  in  the System's Annual Report for fiscal year ended June 30,
        2023. System assets are as reported in the System's financial statements
        and can also be found in the System's Annual Report.  Actuarial  assump-
        tions  and  methods  are  provided  in  the System's Actuarial Valuation
        Report as of June 30, 2023.
          The source of this estimate is Fiscal Note  2024-19  dated  March  11,
        2024  prepared by the Office of the Actuary of the New York State Teach-
        ers' Retirement System and is intended for  use  only  during  the  2024
        Legislative  Session.  I, Richard A. Young, am the Chief Actuary for the
        New York State Teachers' Retirement System. I am a member of the  Ameri-
        can  Academy  of Actuaries and I meet the Qualification Standards of the
        American Academy of Actuaries to render the actuarial opinion  contained
        herein.
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