S T A T E   O F   N E W   Y O R K
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                                  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be deemed to have retroactively withdrawn her application for retirement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.