S T A T E   O F   N E W   Y O R K
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                                  6815

                            I N  S E N A T E

                            February 10, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT allowing Michael Petry, employed by the city of New Rochelle, to
  enroll in a twenty year retirement plan

  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, Michael Petry,
who is employed as a firefighter by the city of New Rochelle, who  is  a
member  of  the  New  York  state  and  local police and fire retirement
system, who was eligible to enroll in the twenty  year  retirement  plan
pursuant  to section 384-d of the retirement and social security law and
who, for reasons not ascribable to his own negligence,  failed  to  make
timely application in such plan, shall be deemed eligible to participate
in such plan. The city of New Rochelle may elect to make such provisions
available  to  such firefighter by filing with the state comptroller, on
or before December 31, 2010, a resolution of its governing body certify-
ing that said firefighter is eligible to apply as of that date,  is  not
barred  from  participating in such retirement plan as the result of his
own negligence and that the said city will pay all costs attributable to
this act, as determined by the comptroller,  into  the  pension  accumu-
lation fund. Thereafter, such firefighter who is certified in the resol-
ution shall be deemed to have been a member in such plan entitled to the
full  rights  and  benefits  associated with such membership. Such fire-
fighter may elect to be covered by the provisions of  section  384-d  of
the  retirement  and  social  security law, and shall be entitled to the
full rights and benefits associated with coverage under such section  by
filing  a request to that effect with the state comptroller on or before
June 30, 2011.
  S 2. The cost for this election shall be  paid  by  the  city  of  New
Rochelle.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15823-01-0
              

S. 6815                             2

  This  bill  will allow the City of New Rochelle to elect to reopen the
provisions of Section 384-d of the Retirement and  Social  Security  Law
for firefighter Michael Petry.
  If  this  legislation  is enacted during the 2010 legislative session,
and Mr. Petry becomes reenrolled in the Section 384-d  plan,  we  antic-
ipate  that  there  will  be  an increase of approximately $3,800 in the
annual contributions of the City of New Rochelle  for  the  fiscal  year
ending March 31, 2011.
  There will be no immediate past service cost since this will match the
release  of  liabilities  which occurred when Mr. Petry chose to rescind
his Section 384-d coverage.
  This estimate, dated February 5, 2010 and intended for use only during
the 2010 Legislative Session, is Cost Estimate 2010-103, prepared by the
Actuary for the New York State and  Local  Police  and  Fire  Retirement
System.