S T A T E   O F   N E W   Y O R K
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    S. 5072                                                  A. 7362

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 3, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service and Pensions

IN  ASSEMBLY  --  Introduced  by  M.  of  A. CANESTRARI -- read once and
  referred to the Committee on Governmental Employees

AN ACT to authorize the town of East Greenbush, in the county of Rensse-
  laer, to reopen the provisions of an optional twenty  year  retirement
  plan to police officer Edward A. Miano

  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 town of East Greenbush, in the county of Rensselaer, a participating
employer in the New York state and  local  police  and  fire  retirement
system,  which  offers  the  optional twenty year retirement plan estab-
lished pursuant to section 384-d of the retirement and  social  security
law  to  police  officers  employed by such town is hereby authorized to
make participation in such plan available to Edward A.  Miano, a  police
officer  employed  by  the  town of East Greenbush, who, for reasons not
ascribable to his own negligence failed to make a timely application  to
participate in such optional twenty year retirement plan.
  The town of East Greenbush may so elect by filing with the state comp-
troller,  on  or before December 31, 2011, a resolution of its governing
body together with certification that such police officer  did  not  bar
himself  from  participation  in such retirement plan as a result of his
own negligence. Thereafter 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 for the service rendered with the  town
of  East  Greenbush  only,  by  filing a request to that effect with the
state comptroller on or before June 30, 2012.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09025-02-1
              

S. 5072                             2                            A. 7362

  S  2.  All  past  service  costs  associated  with  implementing   the
provisions  of this act shall be borne by the town of East Greenbush and
the past service costs associated with this act may be amortized over  a
period of five or ten years.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow the Town of East Greenbush to elect to reopen the
provisions  of  Section  384-d of the Retirement and Social Security Law
for police officer Edward A. Miano.
  If this bill is enacted, we anticipate that there will be an  increase
of  approximately $4,800 in the annual contributions of the Town of East
Greenbush for the fiscal year ending March 31, 2012.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $57,700 which  would  be
borne by the Town of East Greenbush as a one-time payment. This estimate
is  based  on  the  assumption  that payment will be made on February 1,
2012. If the Town elects to amortize this cost over a period of five (5)
or ten (10) years, the past service costs for the first  year  including
interest, would be approximately $13,300 or $7,820 respectively.
  This  estimate, dated March 14, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-134,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.