Senate Bill S2833A

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

                                 2833--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  authorize  John  Leslie  Bergmann  to apply for and receive
  service credit, for service  in  the  employment  of  a  participating
  employer in the New York state and local employees' retirement system,
  in the New York city 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,
John Leslie Bergmann, who retired on July 1, 2002 from employment by the
city school district of the city of New York and receives benefits  from
the New York city teachers' retirement system, and who commenced employ-
ment  by  the  Westchester  county  community  college,  a participating
employer in the New York state and local employees'  retirement  system,
on  September  6,  1988,  and who, for reasons not ascribable to his own
negligence, did not become a member of the  New  York  state  and  local
employees'  retirement  system,  shall be entitled to receive retirement
service credit for his service as an employee of the Westchester  county
community  college, from the date of his commencement of such employment
until the date of his retirement from  employment  by  the  city  school
district of the city of New York, in the New York city teachers' retire-
ment  system if, on or before the thirty-first of December next succeed-
ing the date on which it shall have become  a  law,  he  shall  file  an
application therefor with the state comptroller.
  S 2. Notwithstanding any other provision of law to the contrary, ther-
eupon,  the  New York state and local employees' retirement system shall
transfer to the New York city teachers' retirement system an amount,  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07542-05-2
              

S. 2833--A                          2

be  determined  by  the state comptroller, equal to that which the West-
chester county community college would have been obligated to pay to the
New York state and local employees' retirement system on account of  its
employment  of John Leslie Bergmann, together with interest thereon, had
he become a member  of  such  retirement  system  at  the  time  of  the
commencement  of his employment by Westchester county community college.
In addition to such transfer, John Leslie Bergmann shall pay to the  New
York city teachers' retirement system, in a lump sum, an amount, if any,
to  be determined by the state comptroller, equal to that which he would
have been obligated to contribute  to  the  New  York  state  and  local
employees' retirement system due to his employment by Westchester county
community  college,  had  he  become  a  member  of such system upon the
commencement of such employment, from the date of the commencement ther-
eof until the date of his retirement from employment by the city  school
district of the city of New York.
  S  3. Upon receipt of the transfer and the payment required by section
two of this act, the New York city  teachers'  retirement  system  shall
grant  the  retirement  service authorized by section one of this act to
John Leslie Bergmann and shall recalculate and pay his retirement allow-
ance accordingly and pay to him any arrearage or deficiency to which  he
may be entitled pursuant to the provisions of this act in a lump sum.
  S 4. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  will  adjust the retirement benefit of John
Leslie Bergmann, a retiree from the New York  City  Teachers  Retirement
System (NYCTRS), by increasing his final average salary by approximately
$16,000  based on salary earned while working for the Westchester County
Community College. The additional benefit based on the increase in final
average salary will then be paid retroactively to his date of retirement
from the NYCTRS.
  If this bill is enacted, insofar as it affects the New York State  and
Local  Employees'  Retirement System, we anticipate that there will be a
transfer of approximately $8,480 to the NYCTRS. This cost will be shared
by the State of New York and all of the participating employers  in  the
New  York  State and Local Employees' Retirement System. In addition, we
estimate that Mr. Bergmann will have to  pay  approximately  $10,900  in
member  contributions  to  the  NYCTRS. The sum of these amounts will be
used to partially offset the cost to the NYCTRS.
  Summary of relevant resources:
  Data: March 31, 2011 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010 and 2011  Annual  Report  to  the  Comp-
troller  on  Actuarial  Assumptions,  Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2011 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 29, 2012 and intended for use only during
the  2012  Legislative  Session, is Fiscal Note No. 2012-80, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.