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S T A T E O F N E W Y O R K
________________________________________________________________________
7411
2025-2026 Regular Sessions
I N S E N A T E
April 15, 2025
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT in relation to authorizing Lt. Thomas Cleere to receive certain
service credit under a twenty year retirement plan
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 Lieutenant Thomas Cleere, a member of the New York state and local
3 police and fire retirement system, who was appointed as a police officer
4 with the Seneca Falls Police Department, in the town of Seneca Falls,
5 county of Seneca, on February 4, 2014, and who, through no fault of his
6 own, was enrolled to participate in the retirement plan contained in
7 section 375-i of the retirement and social security law, shall be given
8 full credit in the special twenty year retirement plan contained in
9 section 384-d of the retirement and social security law for such service
10 upon the election of the town of Seneca Falls to assume the additional
11 cost of such service. The town of Seneca Falls may so elect by filing
12 with the state comptroller within 180 days of the effective date of this
13 act, a resolution of its legislative body, together with certification
14 that such police officer did not bar himself from participation in such
15 retirement plan as a result of his own negligence. Thereafter, such
16 officer may elect to be covered by the provisions of section 384-d of
17 the retirement and social security law, and shall be entitled to the
18 full rights and benefits associated with coverage under such section, by
19 filing a request to such effect with the state comptroller within one
20 year of the effective date of this act.
21 § 2. All past service costs associated with implementing the
22 provisions of this act shall be borne by the town of Seneca Falls, in
23 the county of Seneca, and may be amortized over a ten year period.
24 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04862-02-5
S. 7411 2
This bill would allow the Town of Seneca Falls to reopen the
provisions of § 384-d of the Retirement and Social Security Law (RSSL)
for police officer Thomas Cleere, who is currently covered under § 375-i
of the RSSL.
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase of approximately $13,000 in the
annual contributions of the Town of Seneca Falls for the fiscal year
ending March 31, 2026. In future years this cost will vary as the bill-
ing rates and salary of Thomas Cleere change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $188,000 which will be
borne by the Town of Seneca Falls as a one-time payment. This estimate
assumes that payment will be made on February 1, 2026. If the Town of
Seneca Falls elects to amortize this cost over a 10-year period, the
cost for the first year including interest would be $24,000.
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. 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 March 28, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-136. 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.