HomeMy WebLinkAboutHome Rule Request S.7688/A.8152 IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,the..............................Town
(county,city,town or village)
Southold Senate S.7688
requests the enactment of Aceei bill (no.....................................),
Omme) }'
entitled" (.strike out one)
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 & 384-e of
the retirement and social security law
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
❑✓ The local government does not have the power to enact such legislation by local law.
❑ Other facts,as set forth in the following"Explanation"establish such necessity.
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
Such request is made by: (Check appropriate box)
❑✓ The chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body. (See paragraph A below)
❑ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)e��,, ..��... .. . ......
(chiel'execuliveoffice,)
Albert J. Krupski, Jr.
...................................................................:......
(Print or ty4o nnmc below signature)
Date:......May 14...................................... 20..25....... ......SouthO d. Town Supervisor.
(Title of chief executive officer)
CLERK'S CERTIFICATION
Denis Noncarrow Town Board
I...............................ri.in......... . .............................,do hereby certify that I atn Clerk of the.............................y.......
(prim or type name) (local legislative body)
...............................................................................................ol'the ...............Town
.. .. .....................................................
(county,city,town or village)
SOUtI10I.d..............................................and that on the .....13th .. .... a of......Ma
of................. y May..............................
(mime)
20 25_, such legislative body, at least tvvF; I�Irds of the total men ership avi Ledin avor thereof,
a majority(strike out one)
approved the foregoing request. (Signed)........ . ........ ... ... .... ........................
(SII.AI.OR LOCAL
Gn\'IiaNML•Nr) Denis Noncarrow
..........................................................................
(Print or type name below signature)
Date:.....May 14................................. 20..25.......
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) If the bill has been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e.,two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses, eight copies of the request form must
be filed, i.e.,two with the Senate and two with the Assembly for the Senate bill and the same for
the Assembly bill.
Date of request:
The signing of a home rule request or the adoptionW a resolution by the local legislative body approving
such request cannot precede the date on which the bill is actually introduced in the Legislature.In the case of
prefiled bills,the actual date of introduction is the first day of the legislative session.The request may be signed
or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed(with the appropriate number of copies)and the
new request must correctly identify the bill number as last amended.The signing of the request,and the date of
the supporting resolution,cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Serrate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany,N.Y. 12247 Albany,N.Y. 12248
Definition of terms:
Chief executive officer.
In the case of a county,the elective or appointive chief executive officer,if there be one,or otherwise the
chairman of the board of supervisors;in the case of a city or village,the mayor(not manager);and in the
case of a town,the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors,board of aldermen,common council,council,commission, town board,board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county,city, town or village(Const.Art.IX, §3;Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more,but not all,Counties(other than those
wholly included within a city)cities,towns or villages. (Const.Art.IX§3;Municipal Home Rule Law§2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20,40)
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution,the..............................TOWn
:...............................................01
(county,city,town or village)
Southold 5e-Bata. A.8152
requests the enactment ofAssembly bill (no.....................................)>
Grtmc)
entitled" (strike uut one)
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 & 384-e of
the retirement and social security law
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
❑✓ The local government does not have the power to enact such legislation by local law.
❑ Other facts,as set forth in the following"Explanation"establish such necessity.
EXPLANATION
(If space below is not sufficient,use separate sheet and attach here)
Such request is made by: (Check appropriate box)
✓0 The chief executive officer of such local government,concurred in by a majority of the total membership of the
local legislative body. (See paragraph A below)
❑ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total membership
of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have,
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
havina voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words"two-thirds"below.
CHIEF EXECUTIVE OFFICER'S SIIGNATURE
(Signed)..�4�. . �..A.... . .. ��....
(chief' a 9tive officer)
Albert J. Krupski, Jr.
................................•.........................................
(Print or ty a mm�c below signature)
Date:......May 14...................................... 20..25....... SouthOid Town Supervisor.
(Title of chief executive officer)
CLERK'S CERTIFICATION
Denis Noncarrow Town Board
I........................................ ..................................I do hereby certify that I am Clerk of the.......................................
(print or type mmne) (local legislative body)
...............................................................................................ol'the ...............Town
.................................................
(county,city,town or village)
of...............SOuthOld..............................................and that on the .....l3th..........day of......May
(name)
20 25_, such legislative body, at least tvIyiKds of the total membe ip l vi g vote n favor thereof,
a majority
approved the foregoing request. (strike out one)
(Signed)..... ... ............ . ............. ........ .. ....................
(Snot.or LOCAL. (clerk)
OOVIiRNMI!NT) Denis Noncarrow
..........................................................................
(Print or type name below signature)
Date:.....May 14................................. 20..25.......
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
(a) If the bill has been introduced in only one House of the Legislature,four copies of the request
form must be filed,i.e.,two with the Senate and two with the Assembly.
(b) If the identical bill has been introduced in both Houses, eight copies of the request form must
be filed,i.e.,two with the Senate and two with the Assembly for the Senate bill and the same for
the Assembly bill.
Date of request:
The signing of a home rule request or the adoption of a resolution by the local legislative body approving
such request cannot precede the date on which the bill is actually introduced in the Legislature.In the case of
prefiled bills,the actual date of introduction is the first day of the legislative session.The request may be signed
or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed(with the appropriate number of copies)and the
new request must correctly identify the bill number as last amended.The signing of the request,and the date of
the supporting resolution,cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Senate: To the Assembly:
Home Rule Counsel Home Rule Counsel
Senate Post Office Assembly Post Office
208 Legislative Office Building 210 Legislative Office Building
Albany,N.Y. 12247 Albany,N.Y. 12248
Definition of terms:
Chief executive officer.
In the case of a county,the elective or appointive chief executive officer,if there be one,or otherwise the
chairman or the board of supervisors;in the case of a city or village,the mayor(not manager);and in the
case of a town,the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors,board of aldermen,common council,council,commission, town board,board
of trustees or other elective governing board or body vested by state statute, charter or other law with
,jurisdiction to initiate and adopt local laws or ordinances. (Municipal Hoine Rule Law §2)
Local government.
A county,city,town or village(Const.Art.IX, §3;Municipal Home Rule Law§2)
Special law
A state statute which in terms and in effect applies to one or more,but not all,counties(other than those
wholly included within a city)cities,towns or villages. (Const.Art.IX§3;Municipal Home Rule Law§2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, § §20,40)
THE SENATE
DEPUTY MINORITY FLOOR LEADER STATE OF NEW YORK ALBANY OFFICE
604 LEGISLATIVE OFFICE BLDG.
RANKING MINORITY MEMBER ALBANY,NY 12247
CODES COMMITTEE . 518-455-3121
e
JUDICIARY COMMITTEE (F)518-426-6826
COMMITTEES
DISTRICT OFFICE
" �.v+ T
ENVIRONMENTAL CONSERVATION
400 W.MAIN ST.,STE.201
SENATOR RIVERHEAD,NY 11901
ETHICS AND INTERNAL GOVERNANCE 631-461-9100
MENTAL HEALTH ANTHONY H. L (F)631-727-2905
1ST SENATE DISTRICT
May 2, 2025
Denis Noncarrow, Clerk
Town of Southold
53095 Main Road/P.O. Box 1179
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.7688/A.8152 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
httt)s://www.nvsenate.P-ov/home-rule-fonii.
Your prompt attention to this request is most appreciated.
Sincer ly you
Anthony H. Palumbo
STATE OF NEW YORK
7688
2025-2026 Regular Sessions `
IN SENATE � ~~ '
April 29, 2035
Introduced by Sen. PALUM8O -- 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 Pe ple of the State of New York, represented in Senate and Assem-
bly,
1 Section 1. Notwithstanding any provisions of law to the contrary, the
3 town of Southold, in the county of Suffolk, a participating employer in
] the New York state and local police and fire retirement system which
4 previously elected to offer the optional twenty year retirement plan
G pursuant to section 384-d of the retirement and social security law to
G police officers employed by such town, is hereby authorized to make
7 participation in such plan available to Frank Lyburd III" a police offi-
8 cer employed by the town of Southold with a starting date of October 20,
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 304-e of the retire-
1] 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 y 2. Notwithstanding any provisions of law to the contrary" the town
17 of Southold, in the county of Suffolk, a participating employer in the
10 New York state and local police and fire retirement system which previ-
19 ously elected to offer the optional twenty year retirement plan pursuant
20 to section 304-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
33 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[—] is old law to be omitted,
L8D02110-04-5
S. 7688 2
1 their own negligence, were enrolled in the general retirement plan
2 contained in section 375-i of the retirement and social security law.
3 Brian McNamara, Peter J. Jacobs, and Roman S. Wilinski may elect to be
4 covered by the provisions of sections 384-d and 384-e of the retirement
5 and social security law and full credit shall be granted in such plan
6 for such service upon election of the town of Southold to assume the
7 additional cost of such service.
8 § 3. Notwithstanding any provisions of law to the contrary, the town
9 of Southold, in the county of Suffolk, a participating employer in the
10 New York state and local police and fire retirement system which previ-
11 ously elected to offer the optional twenty year retirement plan pursuant
12 to section 384-d of the retirement and social security law to police
13 officers employed by such town, is hereby authorized to make partic-
14 ipation in such plan available to Alex U. Chenche and Tara T. Desposito,
15 police officers employed by the town of Southold with a starting date of
16 December 15, 2014, who, for reasons not ascribable to their own negli-
17 gence, were enrolled in the general retirement plan contained in section
18 375-i of the retirement and social security law. Alex U. Chenche and
19 Tara T. Desposito may elect to be covered by the provisions of sections
20 384-d and 384-e of the retirement and social security law and full cred-
21 it shall be granted in such plan for such service upon election of the
22 town of Southold to assume the additional cost of such service.
23 § 4. The town of Southold may so elect by filing with the state comp-
24 troller within six months of the effective date of this act, a resol-
25 ution of its legislative body, together with certification that such
26 police officers did not bar themselves from participation in such
27 retirement plan as a result of their own negligence. Thereafter, such
28 police officers may elect to be covered by the provisions of sections
29 384-d and 384-e of the retirement and social security law, and shall be
30 entitled to full rights and benefits associated with coverage under such
31 sections, by filing a request to this effect with the state comptroller
32 within one year of the effective date of this act.
33 § 5. All costs associated with implementing the provisions of this act
34 shall be borne by the town of Southold and may be amortized over a peri-
35 od of five years.
36 § 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 Secu-
rity Law for police officers Frank Lyburd III, Brian McNamara, Peter J.
Jacobs, Roman S. Wilinski, Alex U. Chenche, and Tara T. Desposito.
If this bill is enacted during the 2025 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, 2026. In future years this cost will vary but is expected to
average 9.1% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $1.45 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, 2026. If the Town of
Southold elects to amortize this cost over a 5-year period, the cost for
each year including interest would be $324,000.
These estimated costs are based on six affected members employed by
the Town of Southold, with annual salary of approximately $849,000 as of
March 31, 2024.
Summary of relevant resources:
S. 7680 .3
Membership data as of March 91, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report' The actuarial assumptions and methods used are described in the
2824 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 64S8 Disclosures are found in the March
31' 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
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 April 23^ 2025" and intended for use only during
the 2025 Legislative Session, is Fiscal Note No, 2025-163. As Chief
Actuary of the New York State and Local Retirement System, I, Aaron
Schpttin Young" hereby certify that this analysis complies with applica-
ble Actuarial Standards of Practice as well as the [ode of Professional
Conduct and Qualification Standards for Actuaries Issuing Statements of
Actuarial Opinion of the American Academy of Actuaries, of which Z am a
member.
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S7688
SPONSOR: PALUMBO
BILL:TITLE OF
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 a 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.
PROVISIONS:SUMMARY OF
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 ]. 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 Alex U. [henche and Tara
T. Desposito.
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
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.
Section S, All costs will be borne by the Town of Southold and may be
amortized over a period of five years.
Section 6. 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 375-1 of
the Retirement ardd Social, Security Law.
LEGISLATIVE HISTORY:
2024 S.9156/A.9920
FISCAL IMPLICATIONS:
See fiscal note in bill
EFFECTIVE DATE:
Immediately