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.