Bill S5304A-2009

Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city

Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city.

Details

Actions

  • Jul 16, 2009: SUBSTITUTED BY A8019A
  • Jul 15, 2009: ORDERED TO THIRD READING CAL.796
  • Jul 15, 2009: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 11, 2009: PRINT NUMBER 5304A
  • Jun 11, 2009: AMEND AND RECOMMIT TO FINANCE
  • Jun 2, 2009: REPORTED AND COMMITTED TO FINANCE
  • Apr 27, 2009: REFERRED TO CIVIL SERVICE AND PENSIONS

Votes

VOTE: COMMITTEE VOTE: - Rules - Jul 15, 2009
Ayes (22): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Monserrate, Skelos, Padavan, Volker, Farley, LaValle, Seward, Hannon, Larkin, Saland
Nays (1): Parker
Excused (1): Johnson O

Memo

 BILL NUMBER:  S5304A

TITLE OF BILL : An act to authorize the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city

PURPOSE : To authorize the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by the city.

SUMMARY OF PROVISIONS : Section 1 of the bill authorizes the city of Elmira, in the county of Chemung, as a participating employer in the New York State and local police and fire retirement system, pursuant to section 384-d of the retirement and social security law, to offer the optional twenty year retirement plan to police officers employed by such city. Specifically, participation in such a retirement plan would be made available to Brooks A. Shaw, Brian J. Williams, and Erica LaPierre; police officers employed by the city of Elmira.

Section 2 of the bill provides that all employer costs associated with implementing the provisions of this act shall be borne by the city of Elmira.

Section 3 of the bill provides for an immediate effective date.

JUSTIFICATION : This legislation comes at the request of the City of Elmira through a resolution passed by the City Council on March 30, 2009. Inadvertently, Police Officers Brooks A. Shaw, Brian J. Williams, and Erica LaPierre were not enrolled in the New York State Policemen's and Firemen's Retirement System, but rather enrolled as members of the State Retirement System for non-uniform municipal employees. The collective bargaining agreement between the City and the Police Benevolent Association requires the City to enroll officers in the Policemen's and Firemen's Retirement System. To rectify this matter and comply with its contractual obligation, the City wishes to place the three officers in the correct retirement system. All expenses for this adjustment will be incurred by the City of Elmira at the cost of $45,500.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : None to the state.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 5304--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sen. WINNER -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to authorize the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city 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 city of Elmira, in the county of Chemung, a participating employer in the New York state and local police and fire retirement system, which previously elected to offer the optional twenty year retirement plan, established pursuant to section 384-d of the retirement and social secu- rity law, to police officers employed by such city, is hereby authorized to make participation in such plan available to Brooks A. Shaw, Brian J. Williams and Erica LaPierre, police officers employed by the city of Elmira, who, for reasons not ascribable to their own negligence, failed to make timely applications to participate in such optional twenty year retirement plan. The city of Elmira may so elect by filing with the state comptroller, on or before December 31, 2009, a resolution of its local legislative body together with certification that such police officers did not bar themselves from participation in such retirement plan as a result of their own negligence. Thereafter, such police offi- cers 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 June 30, 2010. S 2. All employer costs associated with implementing the provisions of this act shall be borne by the city of Elmira.
S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, section 50: This bill will allow the City of Elmira to elect to reopen the provisions of Section 384-d of the Retirement and Social Security Law for three of its police officers, Brooks A. Shaw, Brian J. Williams and Erica LaPierre. If this bill is enacted, and all three eligible police officers become covered under Section 384-d, we anticipate that there will be an increase of approximately $6,600 in the annual contributions of the City of Elmira 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 $45,500 which would be borne by the City of Elmira as a one time payment. This estimate is based on the assumption that payment will be made on February 1, 2010. This estimate, dated June 8, 2009 and intended for use only during the 2009 Legislative Session, is Fiscal Note No. 2009-265, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.

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