S T A T E O F N E W Y O R K
________________________________________________________________________
9125
2009-2010 Regular Sessions
I N A S S E M B L Y
September 4, 2009
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to authorize John P. O'Leary to apply for retroactive membership
in the New York state and local employees' retirement system
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, John
P. O'Leary who was employed as a county legislator by the county of
Westchester, a participating employer of the New York state and local
employees' retirement system, from January 1, 1976 until June 30, 1985,
and who submitted an application to join such retirement system in Janu-
ary 1976, and who was not deemed to have joined such system until March
13, 1986, while employed by the state Senate, and who, for reasons not
ascribable to his own negligence, was not deemed to have joined the New
York state and local employees' retirement system on January 1, 1976,
shall be deemed to have joined such retirement system on such date, if
on or before the thirty-first of December next succeeding the date on
which it shall have become a law, he shall submit to the state comp-
troller an application for such membership and proof of employment by
the county of Westchester from 1976 until 1985. Upon the granting of
retroactive membership in the New York state and local employees'
retirement system pursuant to this section, John P. O'Leary shall be
deemed to be a Tier II member of such retirement system, and shall be
entitled to all the rights and benefits of such a membership.
S 2. Notwithstanding any other provision of law, no employee contrib-
utions shall be returned to John P. O'Leary. Such employee contributions
shall be used to offset any past service costs incurred due to the
implementation of the provisions of this act.
S 3. All past service costs of implementing the provisions of this act
shall be borne by the county of Westchester.
S 4. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08242-02-9
A. 9125 2
FISCAL NOTE.--This bill would deem John P. O'Leary, a former member of
the New York State and Local Employees' Retirement System, to have
joined such system on January 1, 1976 thereby granting him Tier 2
membership. This will provide a benefit that was not otherwise payable.
If this bill is enacted, there will be an immediate past service cost
of approximately $59,800 which will be borne by Westchester County as a
one-time payment. This estimate is based on the assumption that payment
will be made on February 1, 2010.
This estimate, dated March 27, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-195, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.