A 8152: Authorizes Frank Lyburd III, Brian McNamara, Peter J. Jacobs, Roman S. Wilinski, Alex U. Chenche and Tara T. Desposito, 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 8152 2025-2026 Regular Sessions  IN ASSEMBLY May 2, 2025 ___________ Introduced by M. of A. SCHIAVONI -- read once and referred to the Committee on Governmental Employees 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- 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 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 § 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- 19 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. Wilinski, 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. LBD02110-04-5 
 A. 8152 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: 
 A. 8152 3 Membership data as of March 31, 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 2024 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, 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 Schottin Young, hereby certify that this analysis complies with applica- ble Actuarial Standards of Practice as well as the Code of Professional Conduct and Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion of the American Academy of Actuaries, of which I am a member.