Allows the Village of Mamaroneck to reopen the optional retirement plan offered under section 384-d of the retirement and social security law to police officers Scott Fraioli and Dominick Lanza.
STATE OF NEW YORK ________________________________________________________________________ 9182 2009-2010 Regular Sessions IN ASSEMBLY October 13, 2009 ___________Introduced by M. of A. LATIMER -- read once and referred to the Commit- tee on Governmental Employees AN ACT to authorize the village of Mamaroneck, in the county of West- chester, to offer certain retirement options to certain police offi- cers employed by such village 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, the village of Mamaroneck, in the county of Westchester, a participating employer in the New York state and local police and fire retirement system, which previously elected to offer the optional retirement plan established pursuant to section 384-d of the retirement and social secu- rity law to police officers employed by such village, is hereby author- ized to make participation in such plan available to police officers employed by the village of Mamaroneck, who, on the effective date of this act are covered under the provisions of section 375-i of the retirement and social security law, and who, for reasons not ascribable to their own negligence failed to make a timely application to partic- ipate in such optional retirement plan. The village of Mamaroneck may so elect by filing with the state comptroller, on or before December 31, 2009, a resolution of its legislative body together with certification that any such police officer did not bar himself or herself from partic- ipation in such retirement plan as a result of his or her own negli- gence. Thereafter, any such police officer may elect to be covered by the provisions of section 384-d of the retirement and social security law, and shall be entitled to the full rights and benefits associated with coverage under such section, by filing a request to that effect with the state comptroller on or before December 31, 2009. S 2. All costs associated with implementing the provisions of this act shall be borne by the village of Mamaroneck. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14671-03-9 A. 9182 2 FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: This bill will allow the Village of Mamaroneck to elect to reopen the provisions of Section 384-d of the Retirement and Social Security Law for all Police Officers currently employed by the Village. If this bill is enacted and the two eligible officers become covered under Section 384-d, we anticipate that there will be an increase of approximately $7,700 in the annual contributions of the Village of Mamaroneck for the fiscal year ending March 31, 2010. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $188,000 which would be borne by the Village of Mamaroneck as a one-time payment. This estimate is based on the assumption that payment will be made on February 1, 2010. This estimate, dated September 14, 2009 and intended for use only during the 2009 Legislative Session, is Fiscal Note No. 2009-293, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.