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A09690 Summary:

BILL NOA09690
 
SAME ASSAME AS S08676
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
 
Grants retroactive tier IV membership in the New York state and local employees' retirement system to Mark Pavlak.
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A09690 Actions:

BILL NOA09690
 
03/28/2022referred to governmental employees
05/25/2022reported referred to ways and means
05/25/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.481
05/31/2022ordered to third reading rules cal.481
05/31/2022home rule request
05/31/2022passed assembly
05/31/2022delivered to senate
05/31/2022REFERRED TO RULES
06/02/2022SUBSTITUTED FOR S8676
06/02/20223RD READING CAL.1671
06/02/2022PASSED SENATE
06/02/2022RETURNED TO ASSEMBLY
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A09690 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9690
 
SPONSOR: Gunther
  TITLE OF BILL: An act granting retroactive tier IV membership in the New York state and local employees' retirement system to Mark Pavlak   PURPOSE: Mark Pavlak was employed by the Liberty Central School District from July 6, 2007 through August 31, 2007 and July 7, 2008 through August 29, 2008. Through no fault of his own, he did not become a member of the New York State and Local Employees' Retirement System. This bill allows him to apply for retroactive Tier IV membership.   SUMMARY OF PROVISIONS: Section 1 allows Mark Pavlak to become a member of the New York state and local employees' retirement system on July 6, 2007, if he files an application with the State Comptroller's office within one year of this act becoming law. This will give him Tier IV status in the New York state and local employees' retirement system. Section 2 provides that the Liberty Central School District will pay for the costs of implementing this bill. Section 3 is the effective date.   JUSTIFICATION: An administrative error should not prohibit Mark Pavlak from acquiring his Tier IV benefits.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: See fiscal note   EFFECTIVE DATE: Immediately.
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A09690 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9690
 
                   IN ASSEMBLY
 
                                     March 28, 2022
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Governmental Employees
 
        AN ACT granting retroactive tier IV membership in the New York state and
          local employees' retirement system to Mark Pavlak
 
          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  Mark Pavlak, a tier VI member of the New York state and local employees'
     3  retirement system employed by the town of Thompson who was employed as a
     4  full-time  employee  with  Liberty  Central School District from July 6,
     5  2007 through August 31, 2007 and July 7, 2008 through  August  29,  2008
     6  and who, through no fault of his own, did not become a member of the New
     7  York  state  and local employees' retirement system on July 6, 2007 when
     8  he became eligible for membership in such system,  shall  be  deemed  to
     9  have  a  date of membership with the New York state and local employees'
    10  retirement system of July 6, 2007 if he shall file an application there-
    11  fore with the state comptroller within one year of the effective date of
    12  this act. Upon the receipt of such application,  Mark  Pavlak  shall  be
    13  granted  tier  IV  status  in  the  New  York state and local employees'
    14  retirement system and shall be eligible for all the rights and  benefits
    15  thereof.
    16    § 2. All past service costs of implementing the provisions of this act
    17  shall be borne by Liberty Central School District, and there shall be no
    18  refund of member contributions to Mark Pavlak.
    19    § 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 Mark Pavlak, a  current  Tier  6  member
        employed  by the Town of Thompson, by changing his date of membership to
        July 6, 2007. Mark Pavlak was previously employed by the Liberty Central
        School District from July 2007 to August 2007  and  from  July  2008  to
        August 2008. There will be no refund of member contributions.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate  that  there  will  be  an increase of approximately $4,300 in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14998-02-2

        A. 9690                             2
 
        annual contributions of the Town of Thompson for the fiscal year  ending
        March  31,  2023.  In  future  years, this cost will vary as the billing
        rates and salary of Mark Pavlak change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately $71,100 which will be
        borne by the Liberty Central School District as a one-time payment. This
        estimate is based on the assumption that payment will be made on  Febru-
        ary 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
        Report.
          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
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        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 March 21, 2022, and intended for use only  during
        the  2022  Legislative Session, is Fiscal Note No. 2022-107, prepared by
        the Actuary for the New York State and Local Retirement System.
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