NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4061
SPONSOR: Morinello TITLE OF BILL:
An act to authorize George A. Amendola Tier II status in the New York
state and local employees' retirement system
PURPOSE OR GENERAL IDEA OF BILL:
This legislation provides George Amendola Tier II Status as of September
20, 19.74.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 allows George Amendola to join ERS as of September 20, 1974
who through no fault of his own was not enrolled in the retirement
system.
Section 2 states that there are no contributions to be returned to
George Amendola.
Section 3 states cost will be borne by the Niagara Falls School
District.
Section 4 is the effective date.
JUSTIFICATION:
Through no fault of his own George Amendola was not enrolled in the
retirement system when first eligible on September 20, 1974. This legis-
lation seeks to fix this inequity.
PRIOR LEGISLATIVE HISTORY:
2021-2022: S. 5101A
2019-2020: S. 1574
2017-2018: S. 7822
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4061
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Governmental Employees
AN ACT to authorize George A. Amendola Tier II status in the New York
state and local employees' retirement system
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, George A.
2 Amendola, who was first eligible to join the public retirement system as
3 of September 20, 1974 and who was employed by the Niagara Falls school
4 district from September 20, 1974 to June 2, 1978 and who for reasons not
5 ascribable to his own negligence was not afforded the opportunity to
6 join the New York state and local employees' retirement system with Tier
7 II status, shall be deemed to have become a member of the New York state
8 and local employees' retirement system as of September 20, 1974; and
9 shall have Tier II status, if, no later than one year after the effec-
10 tive date of this act he shall file a written request with the state
11 comptroller; and upon receipt of such application, the comptroller shall
12 recalculate George Amendola's retirement benefits and thereafter pay
13 such benefits accordingly as if he shall have been deemed to have joined
14 such retirement system on September 20, 1974.
15 § 2. No contributions made to the New York state and local employees'
16 retirement system shall be returned or refunded to George A. Amendola
17 pursuant to this act.
18 § 3. All past service costs associated with the implementation of this
19 act shall be borne by the Niagara Falls school district.
20 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Tier 2 status to George A. Amendola, a retired
Tier 4 member of the New York State and Local Employees' Retirement
System, by changing their date of membership to September 20, 1974,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04751-02-3
A. 4061 2
their first date of employment with the Niagara Falls City School
District. There will be no refund of member contributions.
If this bill is enacted during the 2023 legislative session, there
will be an immediate past service cost of approximately $33,600 which
will be borne by the Niagara Falls City School District as a one-time
payment. This estimate assumes that payment will be made on February 1,
2024.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2022
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 January 25, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-032,
prepared by the Actuary for the New York State and Local Retirement
System.
