NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8170
SPONSOR: Giglio TITLE OF BILL:
An act granting retroactive membership in the New York state and local
employees' retirement system to Michael Posillico
PURPOSE OR GENERAL IDEA OF BILL:
To allow Michael Posillico a tier change.
SUMMARY OF PROVISIONS:
Section 1. Allows Mr. Posillico to change his tier status from Tier V to
Tier IV
Section 2. States all costs shall be borne by the State of New York
Section 3. Sets forth the effective date.
JUSTIFICATION:
This legislation will grant Michael Posillico a tier change reflection
his first date of service with New York State. He was first employed by
the Town of Brookhaven in May 2002. He has also worked for the Suffolk
County Sheriff's office and most recently for the Suffolk County Police
Department. Although eligible to join the retirement system in 2002, he
was advised by his supervisor not to join the system. This legislation
would correct that wrong and provide Mr. Posillico with the Tier he is
entitled to as a dedicated employee of New York State.
PRIOR LEGISLATIVE HISTORY:
2020 S.8657
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See fiscal note
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
8170
2025-2026 Regular Sessions
IN ASSEMBLY
May 5, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Governmental Employees
AN ACT granting retroactive membership in the New York state and local
employees' retirement system to Michael Posillico
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other law to the contrary, Michael
2 Posillico, a member of the New York State and Local Police and Fire
3 Retirement System, who was employed as a park attendant/dockworker by
4 the town of Brookhaven as of May 6, 2002, who for reasons not ascribable
5 to his own negligence, failed to become a member of the New York state
6 and local employees' retirement system during such employment in the
7 town of Brookhaven, shall be deemed to have joined the New York state
8 and local employees' retirement system on May 6, 2002, and shall be
9 granted Tier IV status in such retirement system, if, within one year of
10 the effective date of this act, he shall file a written request with the
11 state comptroller.
12 § 2. All past service costs of implementing the provisions of this act
13 shall be borne by the state of New York.
14 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide Michael Posillico with a date of membership of
May 6, 2002, their date of first employment with the Town of Brookhaven,
resulting in Tier 2 status in the New York State and Local Police and
Fire Retirement System. Michael Posillico is currently a Tier 5 member
employed by Suffolk County. Member contributions will be refunded.
If this bill is enacted during the 2025 Legislative Session, we antic-
ipate that there will be an increase of approximately $9,000 in the
annual contributions of Suffolk County for the fiscal year ending March
31, 2026. In future years this cost will vary as the billing rates and
salary of Michael Posillico change.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10726-02-5
A. 8170 2
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $58,700 which will be
borne by the State of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2026.
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 24, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-106. 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.
