senate Bill S5304A

Signed By Governor
2009-2010 Legislative Session

Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city

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Archive: Last Bill Status Via A8019 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 26, 2009 signed chap.393
Aug 14, 2009 delivered to governor
Jul 16, 2009 returned to assembly
passed senate
home rule request
3rd reading cal.796
substituted for s5304a
Jul 16, 2009 substituted by a8019a
Jul 15, 2009 ordered to third reading cal.796
committee discharged and committed to rules
Jun 11, 2009 print number 5304a
amend and recommit to finance
Jun 02, 2009 reported and committed to finance
Apr 27, 2009 referred to civil service and pensions

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5304 - Bill Details

See Assembly Version of this Bill:
A8019A
Law Section:
Retirement

S5304 - Bill Texts

view summary

Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city.

view sponsor memo
BILL NUMBER: S5304

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

                                  5304

                       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

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.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, section 50:
  In estimating this cost, we have assumed the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-02-9

S. 5304                             2

  1.  When  drafted, the legislation will affect only Officers Brooks A.
Shaw, Brian J. Williams, and Erica La Pierre.
  2.  There  are no other full time Police Officers employed by the City
of Elmira who are not currently covered by  the  provisions  of  Section
384-d who would be affected.
  3.  The  legislation will specify that all past service costs incurred
due to its enactment will be paid by the City of  Elmira,  either  as  a
lump sum or over a five (5) or ten (10) year period, with interest.
  If  this  legislation  is enacted during the 2009 legislative session,
and Officers Brooks A. Shaw, Brian J.  Williams,  and  Erica  La  Pierre
become  covered by the provisions on section 384-d of the Retirement and
Social Security law, 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, we anticipate
that there will be an  immediate  past  service  cost  of  approximately
$45,500,  assuming  payment  is  made on February 1, 2010. At the City's
option, this cost can be paid over a period of  five  (5)  or  ten  (10)
years, with interest. The annual cost will be $10,600 or $6,280, respec-
tively.

S5304A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8019A
Law Section:
Retirement

S5304A (ACTIVE) - Bill Texts

view summary

Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city.

view 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 full text
download pdf
                    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.

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