S 10613

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10613
                             I N  S E N A T E
                               June 1, 2026
                                ___________
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to authorize Denis Butler to receive certain  service  credit  in
   the New York state and local employees' retirement system
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Notwithstanding any other provision of law to the contrary,
 Denis Butler, a current employee of the unified  court  system  who  had
 previously  retired from the New York state and local employees' retire-
 ment system on December 30, 2021, shall have  his  retirement  nullified
 and  shall  be restored to active status in the New York state and local
 employees' retirement system. Additionally, he shall be granted  service
 credit  for  all  creditable public employment that he performed or will
 perform on or after December 30, 2021 until he again  retires  from  the
 New York state and local employees' retirement system.
   §  2.  All  past  costs associated with implementing the provisions of
 this act shall be paid by the office of court administration.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would nullify the retirement of Denis  Butler,  who  retired
 from the New York State and Local Employees' Retirement System (NYSLERS)
 on  December  30,  2021. They would be reinstated as a member of NYSLERS
 and  granted  service  credit  for  all  creditable  public   employment
 performed on or after December 30, 2021.
   There  will be an immediate past service cost of $295,000 borne by the
 office of court administration as a one-time payment. This cost  assumes
 that payment will be made on March 1, 2027.
   The  office  of  court  administration  will be required to report all
 pensionable earnings for Denis Butler since December 30, 2021. We  esti-
 mate  that  the  office  of  court  administration  will  be required to
 contribute $250,000 for the newly established pensionable earnings.
   Denis Butler will be required to repay all unduly paid benefits begin-
 ning on December 30, 2021, with interest.
   Summary of relevant resources:
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15808-04-6
 S. 10613                            2
   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  May 29, 2026, and intended for use only during
 the 2026 Legislative Session, is Fiscal Note Number 2026-217.  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 Actuaries, of
 which  I  am  a  member.  I  am a member of NYSLRS but do not believe it
 impairs my objectivity.