New York A 8321: Authorizes James Unger to receive certain credit under section 384-d of the retirement and social security law

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A08321 Summary:

BILL NOA08321 

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SAME ASNo Same As

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SPONSORBurke

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COSPNSR

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MLTSPNSR

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Authorizes James Unger, a town of West Seneca police officer, to receive certain credit under section 384-d of the retirement and social security law.

Go to top A08321 Actions:

BILL NOA08321 

&nbsp

05/13/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA08321 Committee&nbspVotes:

Go to topA08321 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08321 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8321

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. BURKE -- read once and referred to the Committee
 on Governmental Employees

 AN ACT to authorize James Unger 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, James Unger,
 2 currently a town of West Seneca 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 January 21, 2003 and September 6, 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. Prior to James Unger submitting such
 16 request, he must first file an application for tier reinstatement with
 17 the New York state and local police and fire retirement system, as he
 18 has previously withdrawn his membership with the New York state and
 19 local employees' retirement system. Once any costs associated with James
 20 Unger's tier reinstatement to his prior membership are paid in full by
 21 him, he may be granted the service credit and such service credit will
 22 be creditable service under section 384-d of the retirement and social
 23 security law for James Unger.
 24 § 2. All past service costs incurred in implementing the provisions of
 25 this act shall be borne by the town of West Seneca.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07024-02-5

 A. 8321 2

 1 § 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 James
 Unger, a Tier 2 member of the New York State and Local Police and Fire
 Retirement System (NYSLPFRS) employed by the Town of West Seneca, for
 the period January 21, 2003 through September 6, 2006, during which time
 they were employed as a deputy sheriff in Erie County. Currently, deputy
 sheriff service is not creditable in a NYSLPFRS twenty-year retirement
 plan.
 This bill will not increase the future annual contributions of the
 Town of West Seneca.
 In addition to the annual contributions discussed above, if this bill
 is enacted during the 2025 Legislative Session, there will be an immedi-
 ate past service cost of approximately $176,000 which will be borne by
 the Town of West Seneca as a one-time payment. This estimate assumes
 that payment will be made on February 1, 2026.
 James Unger must complete and file an application for tier rein-
 statement with NYSLPFRS for service credit to be granted.
 Summary of relevant resources:
 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. Distrib