Authorizes the county of Erie to offer an optional twenty year retirement plan to Nicholas Cervoni, Thomas Makin, and Sarah Murphy, deputy sheriffs employed by such county.
Summary
S10230 authorizes Erie County to reopen participation in the optional 20-year retirement plan under sections 552 and 553 of the Retirement and Social Security Law for three named deputy sheriffs: Nicholas Cervoni, Thomas Makin, and Sarah Murphy. The bill applies only to these individuals and only because they allegedly missed the original application deadline for reasons not attributable to their own negligence. If Erie County adopts the required resolution and files it with the State Comptroller within three months of the bill’s effective date, the three deputy sheriffs may elect coverage and receive the full retirement benefits associated with the plan.
The bill is narrowly tailored and does not create a general statewide change to retirement eligibility. It also requires the county to bear all past service costs associated with the retroactive enrollment, and the bill takes effect immediately. The fiscal note estimates an annual increase in Erie County contributions of about $37,000 beginning in fiscal year 2027, with a one-time past service cost of approximately $295,000.
Impact
The bill amends the practical application of the Retirement and Social Security Law for a limited set of Erie County deputy sheriffs by allowing a late election into the optional 20-year retirement plan. It does not change the underlying statutory retirement framework statewide, but it creates a special local authorization for Erie County to extend benefits retroactively to three named employees. The county must fund the added actuarial and past service costs, and the State Comptroller is given the administrative role of receiving the county resolution and the employees’ election requests.
Sentiment
No committee transcript or vote record is available, so there is no direct evidence of debate or opposition in the provided materials. Based on the bill text, the measure appears to be a targeted remedial bill intended to correct a missed deadline for specific public safety employees, which typically suggests a favorable or at least noncontroversial posture. The fiscal note acknowledges added costs, but the bill assigns those costs to Erie County rather than the state retirement system.
Contention
The main potential point of contention is the special, individualized nature of the relief: the bill benefits three named deputy sheriffs rather than establishing a broader rule for similarly situated employees. Another possible issue is cost, since the county must pay both ongoing increased contributions and a substantial past service cost. Any concern about fairness or precedent would likely come from those who view late enrollment exceptions as preferential treatment, while supporters would likely emphasize that the employees missed the deadline for reasons not due to their own negligence.
Authorizes the county of Erie to offer an optional twenty year retirement plan to Nicholas Cervoni, Thomas Makin, and Sarah Murphy, deputy sheriffs employed by such county.
Authorizes the county of Tompkins to offer an optional twenty year retirement plan to Bryan Jolly, a deputy sheriff employed by such county upon such officer's election to participate in such plan.
Authorizes the county of Tompkins to offer an optional twenty year retirement plan to Kyle Davenport, a deputy sheriff employed by such county upon such officer's election to participate in such plan.