S T A T E   O F   N E W   Y O R K
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                                  9126

                       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  Leslie  Bergmann  to  apply  for  and  receive
  service  credit,  for  service  in  the  employment of a participating
  employer in the New York state and local employees' retirement system,
  in the New York city teachers' retirement system

  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,
John Leslie Bergmann, who retired on July 1, 2002 from employment by the
city  school district of the city of New York and receives benefits from
the New York city teachers' retirement system, and who commenced employ-
ment by  the  Westchester  county  community  college,  a  participating
employer  in  the New York state and local employees' retirement system,
on September 6, 1988, and who, for reasons not  ascribable  to  his  own
negligence,  did  not  become  a  member of the New York state and local
employees' retirement system, shall be entitled  to  receive  retirement
service  credit for his service as an employee of the Westchester county
community college, from the date of his commencement of such  employment
until  the  date  of  his  retirement from employment by the city school
district of the city of New York, in the New York city teachers' retire-
ment system if, on or before the thirty-first of December next  succeed-
ing  the  date  on  which  it  shall have become a law, he shall file an
application therefor with the state comptroller.
  S 2. Notwithstanding any other provision of law to the contrary, ther-
eupon, the New York state and local employees' retirement  system  shall
transfer  to the New York city teachers' retirement system an amount, to
be determined by the state comptroller, equal to that  which  the  West-
chester county community college would have been obligated to pay to the
New  York state and local employees' retirement system on account of its
employment of John Leslie Bergmann  had  he  become  a  member  of  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08241-03-9
              

A. 9126                             2

retirement  system  at the time of the commencement of his employment by
Westchester county community college.   In addition  to  such  transfer,
John Leslie Bergmann shall pay to the New York city teachers' retirement
system,  in a lump sum, an amount, if any, to be determined by the state
comptroller, equal to  that  which  he  would  have  been  obligated  to
contribute  to the New York state and local employees' retirement system
due to his employment by Westchester county community  college,  had  he
become a member of such system upon the commencement of such employment,
from  the date of the commencement thereof until the date of his retire-
ment from employment by the city school district  of  the  city  of  New
York.
  S  3. Upon receipt of the transfer and the payment required by section
two of this act, the New York city  teachers'  retirement  system  shall
grant  the  retirement  service authorized by section one of this act to
John Leslie Bergmann and shall recalculate and pay his retirement allow-
ance accordingly and pay to him any arrearage or deficiency to which  he
may be entitled pursuant to the provisions of this act in a lump sum.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative law, Section 50:
  This  bill will adjust the retirement benefit of John Leslie Bergmann,
a retiree from the New York City Teachers' Retirement  System  (NYCTRS),
by increasing his final average salary by approximately $16,000 based on
salary  earned  while  working  for  the  Westchester  County  Community
College. The additional benefit based on the increase in  final  average
salary  will  then  be paid retroactively to his date of retirement from
the NYCTRS.
  If this bill is enacted, insofar as it affects the New York State  and
Local  Employees'  Retirement System, we anticipate that there will be a
transfer of approximately $6,800 to the NYCTRS. This cost will be shared
by the State of New York and all of the participating employers  in  the
New  York  State and Local Employees' Retirement System. In addition, we
estimate that Mr. Bergmann will have  to  pay  approximately  $9,400  in
member  contributions  to  the  NYCTRS. The sum of these amounts will be
used to partially offset the cost to the NYCTRS.
  This estimate, dated February 25,  2009  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note No. 2009-165,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.