HomeMy WebLinkAboutHome Rule Request S.9156/A.9920 05/02/2024 THE SENATE
ALBANY OFFICE STATE OF NEW YORK DISTRICT OFFICE
604 LEGISLATIVE OFFICE BLDG. 400 W.MAIN ST,STE.201
ALBANY,NY 12247 RIVERHEAD,NY 11901
518-455-3121 631-461-9100
(F)518-426-6826
(F)631-727-2905
SENATOR
ANTHONY H. PALUMBO
I ST SENATE DISTRICT
May 2, 2024
Denis Noncarrow, Clerk
Town of Southold
53095 Main Road
Southold,New York 11971
Dear Mr.Noncarrow:
Constitutional provisions mandate that certain bills require a Home Rule Request before the
Legislature can act upon them. S.9156/A.9920 is one such bill. (copy attached).
We respectfully request that your office assist us in having the Home Rule Request completed
and returned as instructed on the back of the form. The form can be accessed at
https://www.nysenate.gov/home-rule-forin.
Your prompt attention to this request is most appreciated.
Sincere your
Anthony H. Palumbo
5n844:37MN Legislative Information_L8DC
STATE OF NEW YORK 9156
IN SENATE
May 1, 2024
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT in relation to authorizing certain police officers in the town of
Southold, county of Suffolk, to receive certain service credit under
section 384-d of the retirement and social security law
The People of the State of New York. represented in Senate and Assem�
bly, do enact as follows:
1 Section 1, Notwithstanding any provisions of law to the contrary, the
2 town of Southold, in the county of Suffolk, a participating employer in
3 the New York state and local police and fire retirement system which
4 previously elected to offer the optional twenty year retirement plan
5 pursuant to section 384-d of the retirement and social security law to
6 police officers employed by such town, is hereby authorized to make
7 participation in such plan available to Frank Lyburd III, a police offi-
# cer employed by the town of Southold with a starting date of October 28,
9 2003' who, for reasons not ascribable to their own negligence, was
10 enrolled in the general retirement plan contained in section 375-i of
11 the retirement and social security law. Frank Lyburd III may elect to
12 be covered by the provisions of sections 384-d and 384-e of the retire-
13 ment and social security law and full credit shall be granted in such
14 plan for such service upon election of the town of Southold to assume
15 the additional cost of such service.
16 g 2' Notwithstanding any provisions of law to the contrary, the town
17 of Southold, in the county of Suffolk, a participating employer in the
18 New York state and local police and fire retirement system which previ-
29 ously elected to offer the optional twenty year retirement plan pursuant
20 to section 384-d of the retirement and social security law to police
21 officers employed by such town, is hereby authorized to make partic-
22 ipation in such plan available to Brian McNamara, Peter J. Jacobs, and
23 Roman S. WiIinshi^ police officers employed by the town of Southold with
24 a starting date of November 1, 2004, who, for reasons not ascribable to
25 their own negligence, were enrolled in the general retirement plan
26 contained in section 375-i of the retirement and social security law.
27 Brian McNamara, Peter J. Jacobs, and Roman S. Wilinski may elect to be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[—] is old law to be omitted,
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S. 9156 2
1 covered by the provisions of sections 384-d and 384-e of the retirement
2 and social security law and full credit shall be granted in such plan
3 for such service upon election of the town of Southold to assume the
4 additional cost of such service.
5 § 3. Notwithstanding any provisions of law to the contrary, the town
6 of Southold, in the county of Suffolk, a participating employer in the
7 New York state and local police and fire retirement system which previ-
0 ously elected to offer the optional twenty year retirement plan pursuant
9 to section 384-d of the retirement and social security law to police
10 officers employed by such town, is hereby authorized to make partic-
11 ipation in such plan available to Alex U. Chencha and Tara Tandy' police
12 officers employed by the town of Southold with a starting date of Decem-
13 ber 15, 2014, who, for reasons not ascribable to their own negligence,
14 were enrolled in the general retirement plan contained in section 375-i
15 of the retirement and social security law. Alex U. [henche and Taro
16 Tandy may elect to be covered by the provisions of sections 384-d and
17 384-e of the retirement and social security law and full credit shall be
18 granted in such plan for such service upon election of the town of Sout-
19 hold to assume the additional cost of such service,
20 § 4. The town of Southold may so elect by filing with the state cnmp-
21 troller within six months of the effective date of this act, a resoI-
22 ution of its legislative body, together with certification that such
23 police officers did not bar themselves from participation in such
24 retirement plan as a result of their own negligence. Thereafter, such
25 police officers may elect to he covered by the provisions of sections
26 384-d and 384-e of the retirement and social security law, and shall be
27 entitled to full rights and benefits associated with coverage under such
28 sections, by filing a request to this effect with the state comptroller
28 within one year of the effective date of this act.
30 g S. All costs associated with implementing the provisions of this act
31 shall be borne by the town of Southold and may be amortized over a peri-
32 od of five years.
33 § 6. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow the Town of Southold to reopen the provisions of
Section 384-d, together with 384-e, of the Retirement and Social Securi-
ty Law for police officers Frank Lyburd III, Brian McNamara, Peter J.
Jacobs, Roman S. Wilinski, Alex U. Chenche, and Tara Tandy. All past
service costs will be borne by the Town of Southold and may be amortized
over a period of five years.
If this hill is enacted during the 2024 Legislative Session, we antic-
ipate that there will be an increase of approximately $110,000 in the
annual contributions of the Town of Southold for the fiscal year ending
March 31, 2025, In future years this cost will vary but is expected to
average 11.0% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $1.30 million which will
be borne by the Town of Southold as a one-time payment' This estimate
assumes that payment will be made on February 1, 2825. If the Town of
Southold elects to amortize this cost over a five-year period, the cost
for each year including interest would be $291,000.
These estimated costs are based on the six affected members named in
the bill and employed by the Town of Southold, with annual salary of
approximately $915^080 as of March 31, 2023.
Summary of relevant resources:
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S. 9156 3
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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^ 2023
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 dues not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as o substitute for
the professional judgment of an attorney'
This estimate, dated April 12, 2024° and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-160, prepared by
the Actuary for the New York State and Local Retirement System,
NEW YORK STATE SENATE
iNTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI, Sec. 1
(x)Memo on original bill
()Memo on amended bill
SENATE BILL#: 5.9156 ASSEMBLY BILL#A.9920
SENATE SPONSOR(S): Palumbo ASSEMBLY SPONSOR(S): Thiele
TITLE:
AN ACT in relation to authorizing certain police officers in the town of Southold,county of Suffolk,to
receive certain service credit under section 384-d of the Retirement and Social Security Law.
PURPOSE:
Authorizes certain police officers in the town of Southold,county of Suffolk,to receive service credit
under section 384-d of the Retirement and Social Security Law.
SUMMARY OF PROVISIONS:
Section 1. Authorizes the town of Southold to make participation in the optional 20-year retirement plan
pursuant to section 384-d of the Retirement and Social Security Law available to Frank Lyburd, III
Section 2. Authorizes the town of Southold to make participation in the optional 20-year retirement plan
pursuant to section 384-d of the Retirement and Social Security Law available to Brian McNamara, Peter
J.Jacobs and Roman S. Wilinski.
Section 3. Authorizes the town of Southold to make participation in the option 20-year retirement plan
pursuant to Section 384-d of the Retirement and Social Security Law available to Alex U. Chenche and
Tara Tandy.
Section 4. Provides that the town of Southold may elect to authorize participation for the stated six police
officers by filing with the State Comptroller within six months of the effective date of this act with a
resolution of its legislative body,together with certification that such police officers did not bar
themselves from participation in such retirement plan,because of their own negligence. Thereafter, such
police officers may elect coverage by the provisions of sections 384-d and 384-e of the Retirement and
Social Security Law by filing a request with the State Comptroller within one year of the effective date of
this act.
Section 5. All costs will be borne by the town of Southold and may be amortized over a period of five
years.
Section 6. Sets forth the effective date.
JUSTIFICATION:
This legislation allows the town of Southold to reopen the provisions of Section 384-d,together with
Section 384-e,of the Retirement and Social Security Law for six police officers employed by the town of
Southold who,for reasons not ascribable to their own negligence,were enrolled in the general retirement
plan contained in Section 375-I of the Retirement and Social Security Law.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
The Actuary for the New York State and Local Retirement System anticipates that if this bill is
enacted in the 2024 Legislative Session,there will be an increase of approximately $110,000 in
the annual contributions of the town of Southold for fiscal year ending March 31, 2025. In
future years,this cost will vary but is expected to average 11.0%of salary annually.
In addition to the annual contributions discussed above, there will be an immediate past service
cost of approximately $1.30 million which will be borne by the town of Southold as a one-time
payment assuming that payment will be made on February 1, 2025. If the town elects to
amortize this cost over a five-year period, the cost for each year including interest would be
$291,000.
EFFECTIVE DATE:
Immediately