Senate Bill S3631

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

                                 3631--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions  --  committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT allowing Matthew A. Miraglia, employed by the village  of  Scars-
  dale, to enroll in a twenty year retirement plan

  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,  Matthew  A.
Miraglia,  who  is employed as a police officer by the village of Scars-
dale, who is a member of the New York state and local  police  and  fire
retirement system, who was eligible to enroll in the twenty year retire-
ment plan pursuant to section 384-d of the retirement and social securi-
ty law and who, for reasons not ascribable to his own negligence, failed
to  make  timely  application  in such plan, shall be deemed eligible to
participate in such plan. The village of Scarsdale  may  elect  to  make
such provisions available to such officer by filing with the state comp-
troller,  on  or before December 31, 2009, a resolution of its governing
body certifying that said officer is eligible to apply as of that  date,
is  not  barred from participating in such retirement plan as the result
of his own negligence and that the  said  village  will  pay  all  costs
attributable  to  this  act,  as determined by the comptroller, into the
pension accumulation fund. Thereafter, such officer who is certified  in
the  resolution shall be deemed to have been a member in such plan enti-
tled to the full rights and benefits associated  with  such  membership.
Such  officer 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06037-06-9

              

S. 3631--A                          2

  S 2. The cost for this election shall be paid by the village of Scars-
dale.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will allow the Village of Scarsdale to elect to reopen the
provisions of Section 384-d of the Retirement and  Social  Security  Law
for police officer Matthew A. Miraglia.
  If  this  bill  is enacted, and Officer Miraglia becomes covered under
Section 384-d, we anticipate that there will be an increase of  approxi-
mately  $4,500  in  the annual contributions of the Village of Scarsdale
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 $74,500 which  would  be
borne by the Village of Scarsdale. This estimate is based on the assump-
tion that payment will be made on February 1, 2010.
  This estimate, dated February 5, 2009 and intended for use only during
the  2009  Legislative  Session, is Fiscal Note No. 2009-91, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.