Assembly Bill A8731A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8731--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Governmental Employees -- recommitted to the Committee  on  Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to authorize the city of Oneonta, in the  county  of  Otsego,  to
  offer an optional twenty year retirement plan to police sergeant Doug-
  las W. Brenner

  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 Oneonta, in the county of Otsego, 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 Douglas  W.  Brenner,  a
police  sergeant  employed  by the city of Oneonta, 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 city of Oneonta may so elect by filing with the state comptroller,
on  or  before  December  31,  2010,  a resolution of its governing body
together with certification  that  such  police  sergeant  did  not  bar
himself  from  participation  in such retirement plan as a result of his
own negligence. Thereafter, such police sergeant 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 city
of Oneonta only, by filing a request to that effect with the state comp-
troller on or before June 30, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11444-08-0

              

A. 8731--A                          2

  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the city of Oneonta.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  the  City  of  Oneonta to elect to reopen the
provisions of Section 384-d of the Retirement and  Social  Security  Law
for  Police  Officer  Douglas  W. Brenner. Officer Brenner may elect the
coverage under section 384-d and  will  be  credited  with  the  service
rendered with the City of Oneonta only.
  If  this  bill  is enacted and the above officer becomes covered under
Section 384-d, we anticipate that there will be an increase of  approxi-
mately $3,300 in the annual contributions of the City of Oneonta for the
fiscal year ending March 31, 2011.
  There will be no past service costs.
  This estimate, dated January 19, 2010 and intended for use only during
the  2010  Legislative  Session, is Fiscal Note No. 2010-75, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.