Senate Bill S6984

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

                                  6984

                            I N  S E N A T E

                              March 3, 2010
                               ___________

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

AN ACT to authorize the town of Montgomery, in the county of Orange,  to
  offer  an  optional  twenty  year  retirement  plan  to police officer
  Kenneth M.  Byrnes

  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,
the town of Montgomery, in the county of Orange, a participating employ-
er  in  the  New York state and local police and fire retirement system,
which previously elected to offer the optional  twenty  year  retirement
plan, established pursuant to section 384-d of the retirement and social
security  law,  and  the  additional pension benefits to members of such
plan, established pursuant to section 384-e of the retirement and social
security law, to police  officers  employed  by  such  town,  is  hereby
authorized  to make participation in such plan and benefits available to
Kenneth M. Byrnes, a police officer employed by the town of  Montgomery,
who,  for  reasons not ascribable to his own negligence failed to make a
timely application to participate in such optional twenty  year  retire-
ment  plan  and  the  additional  pension benefits therefor. The town of
Montgomery may so elect by filing with  the  state  comptroller,  on  or
before  December  31, 2010, a resolution of its town board together with
certification that such police officer did not bar himself from  partic-
ipation  in  such  retirement  plan and additional pension benefits as a
result of his own negligence. Thereafter, such police officer may  elect
to  be  covered  by  the  provisions  of sections 384-d and 384-e of the
retirement and social security law, and shall be entitled  to  the  full
rights  and  benefits  associated  with coverage under such sections, by
filing a request to that effect with the state comptroller on or  before
June 30, 2011.
  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the town of Montgomery.
  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.
              

                                                           LBD06315-05-0

S. 6984                             2

  This  bill  will  allow  the Town of Montgomery to elect to reopen the
provisions of Section 384-d together with 384-e of  the  Retirement  and
Social  Security  Law  for  police  officer Kenneth M. Byrnes. There are
other police officers who are similarly situated who are not covered  by
this legislation.
  If  this  bill  is  enacted,  and officer Byrnes becomes covered under
Section 384-e, we anticipate that there will be an increase of  approxi-
mately  $5,800 in the annual contributions of the Town of Montgomery for
the fiscal year ending March 31, 2011.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $123,000 which would  be
borne  by the Town of Montgomery as a one time payment. This estimate is
based on the assumption that payment will be made on February 1, 2011.
  This estimate, dated February 5, 2010 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No.  2010-85,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.