S T A T E   O F   N E W   Y O R K
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                                  8187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Governmental Employees

AN  ACT granting retroactive tier I membership in the New York state and
  local employees' retirement system to Arlene Samos

  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, Arlene Samos, a
member of the New York state and local employees' retirement system, who
was  employed  on  October  10, 1965, by the county of Suffolk, who, for
reasons not ascribable to her own negligence, did not file a  membership
application in such system until September 27, 1973, which gave her Tier
II  status  instead  of Tier I status, where she would have been had she
been able to file a membership application when she became  a  permanent
employee  on  October 10, 1965, may be deemed to have become a member of
the New York state and local employees' retirement system on October 10,
1965 if on or before December 31, 2009 she shall  file  with  the  state
comptroller  a written request to that effect. Upon the granting of such
retroactive membership, Arlene Samos shall not be granted  a  refund  of
any  employee  contribution  made by her to the New York state and local
employees' retirement system.
  S 2. Any costs incurred in implementing the  provisions  of  this  act
shall be borne by the county of Suffolk.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--In estimating this cost, we have assumed the legislation
will specify the following:
  1. When drafted, the legislation will affect only Arlene Samos.
  2.  Her  date of membership in the New York State and Local Employees'
Retirement System will become October 10, 1965.
  3. All past service costs incurred due to its enactment will be  borne
by the State of New York and all participating employers in the New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11650-02-9

              

A. 8187                             2

State  and  Local  Employees' Retirement System if no employer is speci-
fied.
  4.  Unlike  those  members  who  qualified for Tier reinstatement, all
employee contributions will be refunded to Arlene Samos.
  If this legislation is enacted during the  2009  legislative  session,
and  Arlene Samos becomes a tier 1 member, we anticipate that there will
be an increase of approximately $2,700 in the  annual  contributions  of
the  Suffolk County OTB Corporation 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
$114,000,  which  will be borne by the State of New York and all partic-
ipating employers in the New York State and Local Employees'  Retirement
System.
  If  the  employee contributions are not refunded to Arlene Samos, then
the past service cost of $114,000 would be reduced to $68,600.
  This fiscal note was prepared by Teri Landin and is intended  for  use
during the 2009 legislative session only.