S T A T E   O F   N E W   Y O R K
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                                 867--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  SEWARD -- 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 city of Oneonta, in the county of Otsego, to
  offer an optional twenty year retirement plan to fire chief Robert  S.
  Barnes

  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  contra-
ry,  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 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 city, is here-
by authorized to make participation in such plan available to Robert  S.
Barnes,  fire chief of the Oneonta fire department, 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 and the additional pension benefits therefor.  The  city
of  Oneonta  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  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 retirement 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, 2010.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05330-03-9
              

S. 867--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 together with Section 384-e of  the  Retire-
ment and Social Security Law for Fire Chief Robert Barnes.
  If  this  bill is enacted and Fire Chief Robert Barnes becomes covered
under Section 384-d, we anticipate that there will  be  an  increase  of
approximately  $1,600 in the annual contributions of the City of Oneonta
for the fiscal year ending March 31, 2010.
  There will be no past service cost.
  This estimate, dated December 1,  2008,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note  No. 2009-44,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.