senate Bill S5304A

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

See Assembly Version of this Bill:
A8019A
Versions:
S5304
S5304A
Legislative Cycle:
2009-2010
Law Section:
Retirement

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

                                 5304--A

                       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
  -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-05-9

S. 5304--A                          2

  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.

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.