S T A T E O F N E W Y O R K
I N S E N A T E
February 28, 2012
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
AN ACT to authorize Paul Liberatore to apply for retroactive membership
in the New York state and local police and fire retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any inconsistent provision of law, the fire
district of Hartsdale in the town of Greenburgh, county of Westchester,
a participating employer in the New York state and local police and fire
retirement system, which has elected to offer the optional twenty year
retirement plan, established pursuant to section 384-d of the retirement
and social security law, and the additional pension benefits to members
of such plan, established pursuant to section 384-e of the retirement
and social security law, to firefighters employed by such town, is here-
by authorized to make retroactive membership in such plan available to
Paul Liberatore, a firefighter with the Hartsdale fire district,
employed by the Hartsdale fire district, who, for reasons not ascribable
to his own negligence failed to make a timely application to participate
in such optional twenty year retirement plan and the additional pension
benefits therefor. The Hartsdale fire district may so elect by filing
with the state comptroller, on or before December 31, 2012, a resolution
of its governing body together with certification that such firefighter
did not bar himself from participation in such retirement plan as a
result of his own negligence. Thereafter, such firefighter may elect to
be covered by the provisions of sections 384-d and 384-e of the retire-
ment and social security law, and shall be entitled to the full rights
and benefits associated with coverage under such sections, by filing a
request to that effect with the state comptroller on or before June 30,
S 2. Any past service costs incurred by operation of the provision of
this act shall be borne by the Hartsdale fire district.
S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6566 2
This bill will allow the Hartsdale Fire District to elect to reopen
the provisions of Section 384-d together with Section 384-e of the
Retirement and Social Security Law for firefighter Paul Liberatore.
If this bill is enacted, and firefighter Paul Liberatore becomes
covered under Section 384-d together with Section 384-e, we anticipate
that there will be an increase of approximately $12,300 in the annual
contributions of the Hartsdale Fire District for the fiscal year ending
March 31, 2013.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $51,700 which would be
borne by the Hartsdale Fire District. This estimate is based on the
assumption that payment will be made on February 1, 2013.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated February 17, 2012 and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-86,
prepared by the Actuary for the New York State and Local Police and Fire