NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8051A
TITLE OF BILL:
An act granting retroactive tier IV status in the New York state and
local employees' retirement system to Dana Kerstanski
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to grant tier IV status in the New York
state and local employees' retirement system, to Dana
SUMMARY OF PROVISIONS:
More specifically, Section 1. Notwithstanding any other.provision of law
to the contrary, Dana Kerstanski will be granted tier IV status in the
New York state and local employees' returned system.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Adds language from Fiscal Note
This measure will retroactively place Mr. Kerstanski in the correct
retirement Tier, as his prior employer did not make him aware of the
option to do so. Mr. Kerstanski was 14 years of age, a freshman in high
school, at the time of hiring and there is no declination of entry into
Tier IV of the system. Mr. Kerstanski was allowed to purchase the time
back but was not given access to the proper tier.
PRIOR LEGISLATIVE HISTORY:
Movement of Tier Status for time already purchased back by Mr. Kerstan-
This act shall take effect immediately.
STATE OF NEW YORK
2021-2022 Regular Sessions
June 11, 2021
Introduced by M. of A. SCHMITT -- read once and referred to the Commit-
tee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT granting retroactive tier IV status in the New York state and
local employees' retirement system to Dana Kerstanski
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 Dana Kerstanski, who was employed as a substitute custodian with the
3 Warwick Valley school district with a start date of May 10, 2006, and
4 who is currently a member of the New York state and local employees'
5 retirement system, who through no fault of his own did not become a
6 member of the New York state and local employees' retirement system on
7 May 10, 2006 when first employed by the Warwick Valley school district
8 shall be deemed to have been a member of the New York state and local
9 employees' retirement system on such date he commenced his employment
10 and shall be granted Tier IV status, provided that an application is
11 filed with the head of the New York state and local employees' retire-
12 ment system within one year from the effective date of this act. Upon
13 the granting of such retroactive membership, Dana Kerstanski shall not
14 be granted a refund of any employee contributed made by him to the New
15 York state and local employees' retirement system.
16 § 2. All past services costs associated with the implementation of
17 this act shall be borne by the Warwick Valley school district.
18 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Tier 4 status in the New York State and Local
Employees' Retirement System to Dana Kerstanski, a current Tier 6 member
employed by the Monroe Woodbury Central School District, by changing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8051--A 2
their date of membership to May 10, 2006. There will be no refund of
If this bill is enacted during the 2022 legislative session, we antic-
ipate that there will be an increase of approximately $3,200 in the
annual contributions of the Monroe Woodbury Central School District for
the fiscal year ending March 31, 2023. In future years, this cost will
vary as the billing rates and salary of Dana Kerstanski change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $70,900 which will be
borne by the Warwick Valley Central School District as a one-time
payment. This estimate is based on the assumption that payment will be
made on February 1, 2023.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
The actuarial assumptions and methods used are described in the 2020
and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes, Rules and Regulations of the State of New York: Audit and
The Market Assets and GASB Disclosures are found in the March 31, 2021
New York State and Local Retirement System Financial Statements and
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 May 18, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-152, prepared by
the Actuary for the New York State and Local Retirement System.