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

                                  10268

                          I N  A S S E M B L Y

                             March 16, 2010
                               ___________

Introduced by M. of A. TOWNSEND -- read once and referred to the Commit-
  tee on Governmental Employees

AN  ACT  to  authorize the town of Kirkland, in the county of Oneida, to
  offer an optional twenty  year  retirement  plan  to  police  officers
  Christine  M.  Griffin,  Horace  T. Knight, Pete J. Cania and Wayne R.
  Smoulcey

  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  town of Kirkland, in the county of Oneida, 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,  and the additional pension benefits to members of such plan,
established pursuant to section 384-e of the retirement and social secu-
rity law, to police officers employed by such town, is hereby authorized
to make participation in such plan and benefits available  to  Christine
M.  Griffin,  Horace  T.  Knight,  Pete  J. Cania and Wayne R. Smoulcey,
police officers employed by the town of Kirkland, who, for  reasons  not
ascribable to his or her own negligence failed to make a timely applica-
tion to participate in such optional twenty year retirement plan and the
additional  pension benefits therefor. The town of Kirkland may so elect
by filing with the state comptroller, on or before December 31, 2010,  a
resolution  of  its  town  board  together  with certification that such
police officers did not bar himself or  herself  from  participation  in
such  retirement plan and additional pension benefits as a result of his
or her own negligence. Thereafter, such police officers 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,
2011.
  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the town of Kirkland.

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

                                                           LBD14808-02-0

A. 10268                            2

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  the  town  of Kirkland to elect to reopen the
provisions of Section 384-d together  with  the  provisions  of  Section
384-e  of  the  Retirement  and  Social Security Law for Police Officers
Griffin, Knight, Cania and Smoulcey.
  If this bill is enacted and the above officers  become  covered  under
Section  384-e, we anticipate that there will be an increase of approxi-
mately $6,370 in the annual contributions of the town  of  Kirkland  for
the fiscal year ending March 31, 2011.
  In addition to the annual contributions discussed above, there will be
an  immediate  past service cost of approximately $32,700 which would be
borne by the town of Kirkland as a one-time payment.  This  estimate  is
based on the assumption that payment will be made on February 1, 2011.
  This  estimate,  dated  February  5,  2010,  and intended for use only
during the  2010  Legislative  Session,  is  Fiscal  Note  No.  2010-83,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.