Senate Bill S4048

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

    S. 4048--A                                            A. 6335--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 15, 2011
                               ___________

IN SENATE -- Introduced by Sen. JOHNSON -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and  Pensions -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. RAIA -- read once and referred  to
  the  Committee  on  Governmental Employees -- reported and referred to
  the Committee on Ways and Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT granting retroactive tier IV membership in the New York state and
  local employees' retirement system to Michelle Merlino

  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, Michelle Merli-
no,  a  member  of  the  New  York state and local employees' retirement
system, who was employed on November 14, 2008, by Deer Park  Union  Free
School  District, who, for reasons not ascribable to her own negligence,
did not file a membership application in such  system  until  March  18,
2010,  which gave her Tier V status instead of Tier IV status, where she
would have been had she been able to file a membership application  when
she  became  a  permanent employee on November 14, 2008 may be deemed to
have become a member of the New York state and local employees'  retire-
ment  system  on November 14, 2008 if on or before December 31, 2011 she
shall file with the state comptroller a written request to that  effect.
Upon the granting of such retroactive membership, Michelle Merlino shall
not  be granted a refund of any employee contribution made by her to the
New York state and local employees' retirement system.
  S 2. Any past service costs incurred in implementing the provisions of
this act shall be borne by the Deer Park Union Free School District.
  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.
                                                           LBD09151-05-1
              

S. 4048--A                          2                         A. 6335--A

  This bill would grant Tier 4 membership in  the  New  York  State  and
Local  Employees'  Retirement System to Michelle Merlino by changing her
date of membership to November 14, 2008.  She  currently  is  a  Tier  5
member.
  If  this bill is enacted, we anticipate that there will be an increase
in the annual contributions of the Deer Park Union Free School  District
for  the  fiscal  year  ending  March  31, 2012 of approximately 3.0% of
Michelle Merlino's annual compensation.
  Since the amount of this member's service credit is negligible,  there
will be no past service cost.
  This  estimate,  dated March 4, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-125,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.