STATE OF NEW YORK ________________________________________________________________________ 1955--A 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to authorize Paul O'Brien to receive certain 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 other provision of law, Paul O'Brien, 2 currently a village of East Aurora police officer and member of the New 3 York state and local police and fire retirement system covered by 4 section 384-d of the retirement and social security law, who between 5 September 18, 1995 and September 1, 2006 was employed by the Erie county 6 sheriff's department where he was a member of the New York state and 7 local employees' retirement system, and who, for reasons not ascribable 8 to his own negligence, was not granted service credit under section 9 384-d of the retirement and social security law for his period of 10 employment with the Erie county sheriff's department, shall be granted 11 such service credit under section 384-d of the retirement and social 12 security law and shall be entitled to the full rights and benefits asso- 13 ciated with coverage under such section, provided a request to that 14 effect is filed with the state comptroller within one year from the 15 effective date of this act. 16 § 2. All past service costs incurred in implementing the provisions of 17 this act shall be borne by the village of East Aurora. 18 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would grant service credit under section 384-d, together with section 384-e, of the Retirement and Social Security Law to Paul EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00551-03-4S. 1955--A 2 O'Brien, a current member of the New York State and Local Police and Fire Retirement System (NYSLPFRS) employed by the Village of East Auro- ra, for the period of September 18, 1995 through September 1, 2006, during which time they were employed as a deputy sheriff in Erie County. Currently, deputy sheriff service is not creditable in a NYSLPFRS twen- ty-year police retirement plan. If this bill is enacted during the 2024 Legislative Session, there will be an immediate past service cost of approximately $401,000 which will be borne by the Village of East Aurora as a one-time payment. This estimate assumes that payment will be made on February 1, 2025. This bill will not increase the future annual contributions of the Village of East Aurora. Paul O'Brien must transfer their deputy service credit to the NYSLPFRS for service credit to be granted. Summary of relevant resources: 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 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 22, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-58, prepared by the Actuary for the New York State and Local Retirement System.