S T A T E O F N E W Y O R K
________________________________________________________________________
6358
2011-2012 Regular Sessions
I N A S S E M B L Y
March 15, 2011
___________
Introduced by M. of A. RABBITT -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to authorize Marcia B. Mattheus, a retiree of the New York state
and local employees' retirement system, to retroactively terminate her
retirement and transfer her membership in such retirement system to
the New York state 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,
Marcia B. Mattheus, a retired member of the New York state and local
employees' retirement system since December 19, 2004, who prior to such
retirement, informed such retirement system that she intended to obtain
employment as a teacher with a school district which participates in the
New York state teachers' retirement system and was erroneously informed
that she would not be able to transfer her membership in the New York
state and local employees' retirement system to the New York state
teachers' retirement system, and who after such retirement became a
teacher employed by the Washingtonville central school district and
became a member of the New York state teachers' retirement system, shall
be deemed to have retroactively withdrawn her application for retirement
and to have transferred her membership in the New York state and local
employees' retirement system to the New York state teachers' retirement
system pursuant to section 43 of the retirement and social security law
as of the date Marcia B. Mattheus commenced her membership in the New
York state teachers' retirement system upon her employment by the Wash-
ingtonville central school district. In order to effectuate such retro-
active transfer pursuant to this section, Marcia B. Mattheus shall
provide, on or before December 31, 2011, notice to the comptroller and
the governing body of the New York state teachers' retirement system of
her election to transfer her membership in the New York state and local
employees' retirement system pursuant to this section.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03891-02-1
A. 6358 2
S 2. Upon election by Marcia B. Mattheus to take advantage of the
provisions of this act, the New York state and local employees' retire-
ment system shall transfer the amount of her pension reserve to the New
York state teachers' retirement system.
S 3. All costs incurred in the implementation of the provisions of
this act, unless otherwise stated, shall be borne by the New York state
teachers' retirement system.
S 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Marcia B. Mattheus, a retired Tier 1 member of
the New York State and Local Employees' Retirement System (NYSLERS) and
currently an active Tier 1 member of the New York State Teachers'
Retirement System (NYSTRS), to retroactively rescind her retirement in
NYSLERS and transfer her membership from NYSLERS to NYSTRS pursuant to
Section 43 of the Retirement and Social Security Law. Ms. Mattheus must
file a written request with the head of the New York State Teachers'
Retirement System on or before December 31, 2011.
The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $267,000. This cost will be
partially offset by the pension reserve transferred from the New York
State and Local Employees' Retirement System in accordance with the
bill.
The source of this estimate is Fiscal Note 2011-12 dated March 8, 2011
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2011 Legislative Session.