Authorizes the county of Erie to offer an optional twenty year retirement plan to certain deputy sheriffs employed by such county

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10230

                                    I N  S E N A T E

                                       May 7, 2026
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to authorize the county of Erie to offer an optional twenty  year
          retirement plan to certain deputy sheriffs employed by such county

          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 to the contrary,
     2  the county of Erie, a participating employer in the New York  state  and
     3  local  employees'  retirement  system, which previously elected to offer
     4  the  optional  twenty  year  retirement  plan  established  pursuant  to
     5  sections 552 and 553 of the retirement and social security law, to depu-
     6  ty  sheriffs  employed  by  such  county,  is  hereby authorized to make
     7  participation in such plan available to Nicholas Cervoni, Thomas  Makin,
     8  and  Sarah  Murphy, deputy sheriffs employed by the county of Erie, who,
     9  for reasons not ascribable to their own negligence failed to make timely
    10  application to participate in such  twenty  year  retirement  plan.  The
    11  county  of Erie may so elect by filing with the state comptroller within
    12  three months of the effective date of this act, a resolution of the Erie
    13  county legislature together with certification that such deputy sheriffs
    14  did not bar themselves from participation in such retirement plan  as  a
    15  result  of  their  own  negligence. Thereafter, such deputy sheriffs may
    16  elect to be covered by the provisions of sections 552  and  553  of  the
    17  retirement  and  social  security law, and shall be entitled to the full
    18  rights and benefits associated with coverage  under  such  sections,  by
    19  filing  a request to that effect with the state comptroller on or before
    20  June 30, 2027.
    21    §  2.  All  past  service  costs  associated  with  implementing   the
    22  provisions of this act shall be borne by the county of Erie.
    23    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill will allow Erie county to elect to reopen the provisions of
        section 552 together with section 553 of the retirement and social secu-
        rity law (RSSL) for deputy sheriffs Nicholas Cervoni, Thomas Makin,  and
        Sarah Murphy.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14281-02-6
        S. 10230                            2

          We  estimate  that  Erie  county's  annual contributions will increase
        $37,000 beginning FYE 2027. Annual costs will vary but are  expected  to
        average 11.5% of salary.
          In  addition, there will be an immediate past service cost of $295,000
        borne by the county of Erie as a one-time  payment.  This  cost  assumes
        that payment will be made on February 1, 2027.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the  bill, the same data used in the Actuarial Valuations dated April 1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of the Actuary and the 2025 Annual Comprehensive Financial  Report.  The
        actuarial  assumptions and methods used are described in the 2025 Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and Regulations of the State of New York: Audit and  Control.  The  fair
        value  of assets and GASB disclosures can be found in the 2025 Financial
        Statements and Supplementary Information.
          Assumptions, demographics, and  other  considerations  may  have  been
        modified  to  better reflect specific provisions of any proposed benefit
        change(s).
          This fiscal note does not constitute a legal opinion on the  viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This  estimate,  dated  February  10,  2026, and intended for use only
        during the 2026 Legislative Session, is Fiscal Note Number  2026-46.  As
        Chief  Actuary  of  the  New  York  State  and  Local  Retirement System
        (NYSLRS), I, Aaron Schottin Young, hereby  certify  that  this  analysis
        complies  with applicable 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 Actu-
        aries,  of  which  I  am  a  member.  I am a member of NYSLRS but do not
        believe it impairs my objectivity.