senate Bill S5304

Amended

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

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

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

Summary

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

do you support this bill?

Bill Details

Versions:
S5304
S5304A
Legislative Cycle:
2009-2010

Sponsor Memo

BILL NUMBER: S5304

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.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5304

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             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

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:
  In estimating this cost, we have assumed the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-02-9

S. 5304                             2

  1.  When  drafted, the legislation will affect only Officers Brooks A.
Shaw, Brian J. Williams, and Erica La Pierre.
  2.  There  are no other full time Police Officers employed by the City
of Elmira who are not currently covered by  the  provisions  of  Section
384-d who would be affected.
  3.  The  legislation will specify that all past service costs incurred
due to its enactment will be paid by the City of  Elmira,  either  as  a
lump sum or over a five (5) or ten (10) year period, with interest.
  If  this  legislation  is enacted during the 2009 legislative session,
and Officers Brooks A. Shaw, Brian J.  Williams,  and  Erica  La  Pierre
become  covered by the provisions on section 384-d of the Retirement and
Social Security law, 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, we anticipate
that there will be an  immediate  past  service  cost  of  approximately
$45,500,  assuming  payment  is  made on February 1, 2010. At the City's
option, this cost can be paid over a period of  five  (5)  or  ten  (10)
years, with interest. The annual cost will be $10,600 or $6,280, respec-
tively.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.