STATE OF NEW YORK ________________________________________________________________________ 6998 2019-2020 Regular Sessions IN ASSEMBLY April 3, 2019 ___________ Introduced by M. of A. BURKE -- read once and referred to the Committee on Governmental Employees AN ACT to authorize Patrick Humiston 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 other provision of law, Patrick Humi- 2 ston, currently a city of Buffalo police officer and member of the New 3 York State and local police and fire retirement system covered under 4 section 384-d of the retirement and social security law, who for a peri- 5 od beginning November 12, 2002 and ending August 21, 2006, was employed 6 as a deputy sheriff by the Erie County Sheriff's Department where he was 7 a member of the New York state and local employees' retirement system, 8 and who, for reasons not ascribable to his own negligence, was not 9 granted service credit under section 384-d of the retirement and social 10 security law for his period of employment with the Erie County Sheriff's 11 Department, shall be granted such service credit under section 384-d of 12 the retirement and social security law and shall be entitled to the full 13 rights and benefits associated with coverage under such section as well 14 as section 384-e of such law, provided that a request to that effect is 15 filed with the state comptroller within one year from the effective date 16 of this act. 17 § 2. All past service costs incurred in implementing the provisions of 18 this act shall be borne by the city of Buffalo. 19 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill will grant service credit under section 384-d together with section 384-e of the Retirement and Social Security Law to Patrick J. Humiston, a current member of the New York State and Local Police and Fire Retirement System (PFRS), for the period of November 12, 2002 through August 21, 2006, during which he was employed as a deputy sher- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02951-02-9A. 6998 2 iff in Erie County. Currently, deputy sheriff service is not creditable in a PFRS twenty year police retirement plan. If this bill is enacted during the 2019 legislative session, there will be an immediate past service cost of approximately $237,000 which will be borne by the City of Buffalo as a one-time payment. This esti- mate is based on the assumption that payment will be made on February 1, 2020. There will be no increase in the annual contributions of the City of Buffalo. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2018 actuarial valu- ation. Distributions and other statistics can be found in the 2018 Report of the Actuary and the 2018 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015, 2016, 2017, and 2018 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, 2018 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, 2019, and intended for use only during the 2019 Legislative Session, is Fiscal Note No. 2019-93, prepared by the Actuary for the New York State and Local Retirement System.