S T A T E O F N E W Y O R K
________________________________________________________________________
8819--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 10, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Governmental Employees -- recommitted to the Committee on Govern-
mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to authorize Peter J. Smith, a retiree receiving benefits from
the New York state and local police and fire retirement system, to
have his retirement allowance recalculated and payable under section
375-g of the retirement and social security law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any provision of law to the contrary, Peter
J. Smith, a retired member of the New York state and local police and
fire retirement system, who was employed as a police officer in Suffolk
county, shall be entitled to have his retirement allowance recalculated
and payable under section 375-g of the retirement and social security
law. Through no fault of his own, Mr. Smith's form to withdraw from
section 384-d of the retirement and social security law was not received
by the retirement system in a timely manner and his retirement allowance
was calculated under sections 384-d and 384-e of the retirement and
social security law. But for the fact that this form was not timely
received, Mr. Smith's retirement allowance would have been calculated
and paid pursuant to section 375-g of the retirement and social security
law. Accordingly, upon enactment of this section, Mr. Smith's retirement
allowance shall be recalculated and payable as if the withdrawal form
was received by the retirement system in a timely manner. Such recalcu-
lation and payment shall be effective from the date of his original
retirement application.
S 2. All costs incurred in implementing the provisions of this act
shall be borne by the New York state and local police and fire retire-
ment system.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14190-02-0
A. 8819--A 2
S 3. This act shall take effect immediately.
FISCAL NOTE.--This bill would deem the withdrawal form from section
384-d of the Retirement and Social Security Law to have been filed in a
timely manner by Peter J. Smith, a retiree of the New York State and
Local Police and Fire Retirement System. This would remove the age
restrictions that section 384-d placed on his retirement and provide
that his benefit be recalculated.
If this bill is enacted, there will be an immediate past service cost
of approximately $143,000 which will be borne by the State of New York
and all the participating employers in the New York State and Local
Police and Fire Retirement System.
This estimate, dated March 31, 2010 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-129 prepared by
the Actuary for the New York State and Local Police and Fire Retirement
System.