Senate Bill S4522

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

                                 4522--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  to authorize the county of Orleans, to offer an optional twenty
  year retirement plan to deputies Shannon E. Brett and James  A.  DeFi-
  lipps

  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,
in the county of Orleans, a participating employer in the New York state
and local employee retirement system, which previously elected to  offer
the  optional  twenty  year  retirement  plan,  established  pursuant to
sections 552 and 553 of the retirement and social security law, to depu-
ties employed by such county, is hereby authorized to make participation
in such plan available to Shannon E. Brett and James A. DeFilipps, depu-
ty sheriffs employed by the county of   Orleans, who,  for  reasons  not
ascribable  to  their own negligence failed to make a timely application
to participate in such optional twenty year retirement plan. The  county
of  Orleans  may  so  elect  by filing with the state comptroller, on or
before December 31, 2009, a resolution of its  governing  body  together
with  certification  that  such  deputy did not bar himself from partic-
ipation in such retirement plan as  a  result  of  his  own  negligence.
Thereafter,  such  deputy  may  elect to be covered by the provisions of
sections 552 and 553 of the retirement  and  social  security  law,  and
shall be entitled to the full rights and benefits associated with cover-
age  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 county of Orleans.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-07-9
              

S. 4522--A                          2

  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  authorize Orleans County to reopen the provisions of
Section 552 and Section 553 of the Retirement and  Social  Security  Law
for  deputy  sheriffs  Shannon  E.  Brett and James A. DeFilipps who are
currently not covered by that Section.
  If this bill is enacted, we anticipate that there would  be  an  esti-
mated increase in the annual contributions of Orleans County of approxi-
mately $3,100 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 $22,500 which will be
borne by Orleans County, assuming a payment date of February 1, 2010.
  This estimate, dated June 15, 2009 and intended for  use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-272, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.