S T A T E O F N E W Y O R K
________________________________________________________________________
5538
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Governmental Employees
AN ACT authorizing the retroactive membership in the New York state and
local employees' retirement system for Bernard E. Schmelz
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any inconsistent provision of law, Bernard
E. Schmelz, working as a land use training specialist for the Depart-
ment of State and a member of the New York state and local employees'
retirement system whose current retirement system number is 38939435 and
who was employed on July 1, 1975 to December 31, 1975 as a cleaner for
the Rensselaer, Columbia and Greene County Board of Cooperative Educa-
tional Services, and, who for reasons not ascribable to his own negli-
gence did not file a membership application in such retirement system
during said period of time, and who has since exhausted all other
avenues to effect such retroactive membership, may be deemed to have
become a member of the New York state and local employees' retirement
system on July 1, 1975 if on or before the thirty-first day of December
next succeeding the date on which this act shall have become a law, he
shall file with the state comptroller a written request to that effect.
Any costs incurred by operation of the provision of this act shall be
borne by New York state.
S 2. This act shall take effect immediately.
FISCAL NOTE.--This bill will change the date of membership of Bernard
E. Schmelz, a former employee of the State of New York, to July 1,
1975, thereby making him a Tier 2 member of the New York State and Local
Employees' Retirement System.
If this bill were enacted, we anticipate that there will be an immedi-
ate past service cost of approximately $39,900 which will borne by the
State of New York as a one-time payment. This estimate is based on the
assumption that payment will be made on March 1, 2010.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03731-02-9
A. 5538 2
This estimate, dated January 27, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-105, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.